Supreme Court Halts Human Rights Case Against Daimler

Bertel Schmitt
by Bertel Schmitt

The American justice system has shown a large degree of overreach in the not so distant past, punishing or shaking down foreign companies for misdeeds performed on foreign soils by foreign perpetrators on foreign victims. This is not a matter of right or wrong. It is a matter of jurisdiction and sovereignty. Enough is enough, says the U.S. Supreme Court and decided to hear Daimler’s appeal against a decision by a San Francisco court that workers or relatives of workers at an Argentina-based plant operated by Mercedes-Benz, a wholly owned subsidiary of Daimler, can sue for alleged human rights abuses performed by Daimler in the 1970s in collusion with Argentina’s then military junta. Daimler had been on the receiving end of judicial overreach in the past.

According to Reuters, plaintiffs “ claimed the company had punished plant workers viewed by managers as union agitators and that it had worked alongside the Argentinian military and police forces.”

The dispute is not about the allegations; the dispute is about whether suit can be brought in America for alleged misdeeds perpetrated by foreigners outside of the country, simply on the very thin grounds “that an indirect corporate subsidiary performs services on behalf of the defendant.”

The case isn’t won yet, but Daimler can breathe a little easier.

Bertel Schmitt
Bertel Schmitt

Bertel Schmitt comes back to journalism after taking a 35 year break in advertising and marketing. He ran and owned advertising agencies in Duesseldorf, Germany, and New York City. Volkswagen A.G. was Bertel's most important corporate account. Schmitt's advertising and marketing career touched many corners of the industry with a special focus on automotive products and services. Since 2004, he lives in Japan and China with his wife <a href="http://www.tomokoandbertel.com"> Tomoko </a>. Bertel Schmitt is a founding board member of the <a href="http://www.offshoresuperseries.com"> Offshore Super Series </a>, an American offshore powerboat racing organization. He is co-owner of the racing team Typhoon.

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  • Summicron Summicron on Apr 23, 2013

    Hot-diggity! Another 300-comment political rant fest. My food-nazi would frown on all the popcorn carbs I'm gonna get.

  • I love this blog when it is about cars, that's why I'm taking the time to ask you to stay on topic rather than just not returning. You guys have some of the coolest car stuff on the web. I find political stories unwelcome. When you read car stories written by primarily political writers, I expect you cringe too. I suppose I was remiss in not praising you guys sooner, instead waiting until I have a complaint. The Detroit automakers did not keep "their eyes on the prize" and lost their dominance. You have carved out an excellent niche that no other site touches. I don't speak from any expertise, so maybe I'm wrong. Best of luck:)

    • See 1 previous
    • Drivelikejehu Drivelikejehu on Apr 23, 2013

      There is only so much 'pure' car stuff to talk about, yet blogs are expected to produce lots of content. Here's an easy fix though- don't read an article if the title clearly identifies it as uninteresting to you. Problem solved.

  • Onus Onus on Apr 23, 2013

    My guess is this will go through. Previously Daimler was charged with bribery having bribed Russian officials or something. The us fined them since they are listed on the nyse and thus under their jurisdiction.

  • Blowfish Blowfish on Apr 23, 2013

    Chevron our local town pump, has a law suit from south america is being heard in toronto. I really dont know how it ended up here. It can costs our system 1-2 million expenses, then bring $$ to legal communities. The loser will pick up the tab ie court costs, probably not the whole thing.

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