Bibliografía (Artículo doctrinal) - Decision of the SCOTUS in the Daimler AG v. Bauman et al. Case

Decision of the Supreme Court of the United States in the Daimler AG v. Bauman et al. Case: Closing the Golden Door

By F. J. Zamora Cabot, Professor of Private International Law, Universidad Jaume I de Castellón, Spain.

Papeles el Tiempo de los Derechos, núm. 2 (2014)

HURI-AGE, Consolider-Ingenio 2010

[Text] [Versión en español]

This article will set forth some preliminary and brief points about a new decision by the Supreme Court of the United States that falls within the area of transnational civil litigation on Human Rights violations. Not long ago, in April 2013, the High Court published its very anticipated and important decision in a case that is already well-known, Kiobel, and a true watershed in the being and the practice of the American system. Upon agreeing a few days later to review the case I am now addressing, Daimler, it became clear, and was widely interpreted in this way, that it was a good opportunity for the Court to address details and/or elucidate some of the loose threads that, as I indicated at that time, the Court had very carefully left in its resolution of Kiobel. I should say now that, in my opinion, even assuming the background of Kiobel, the solution given in Daimler goes beyond it and presents new perspectives of analysis and will, very possibly, become another key component for the comprehension of the system of the United States, and that in a general sense, beyond the aforesaid transnational civil litigation.

CONTENTS: I. Introduction. II. Decision in the Daimler Case. 1. History. 2. Justice Ginsburg’s Opinion. 3. Justice Sotomayor’s Opinion. III. Assessment. IV. Final Reflections.