Justia Agriculture Law Opinion SummariesArticles Posted in International Law
Minn-Chem, Inc. v. Agrium, Inc.
Most of the world's reserves of potash, a mineral used primarily in fertilizer, are in Canada, Russia, and Belarus. Defendants are producers with mines in those countries. Plaintiffs are direct and indirect potash purchasers in the U.S. They allege that producers operated a cartel through which they fixed prices in Brazil, China, and India, and that inflated prices in those markets influenced the price of potash in the U.S. Defendants moved to dismiss, arguing that the district court lacked jurisdiction under the Foreign Trade Antitrust Improvements Act, 15 U.S.C. 6a. The district court denied the motion. The Seventh Circuit affirmed. The world market for potash is highly concentrated and U.S. customers account for a high percentage of sales. This is not a “House-that-Jack-Built situation in which action in a foreign country filters through many layers and finally causes a few ripples” in the U.S. Foreign sellers allegedly created a cartel, took steps outside the U.S. to drive the price up of a product that is wanted in the U.S., and, after succeeding, sold that product to U.S. customers. The payment of overcharges by those customers was objectively foreseeable, and the amount of commerce is substantial. View "Minn-Chem, Inc. v. Agrium, Inc." on Justia Law
McKesson Corp., et al. v. Islamic Republic of Iran
McKesson, a United States company, claimed that after the Islamic Revolution, the government of Iran expropriated McKesson's interest in an Iranian dairy (Pak Dairy) and withheld its dividend payments. McKesson filed its complaint in 1982, the case reached the court on five prior occasions, and was remanded by the court for numerous trials by the district court. At issue was whether the court had jurisdiction over McKesson's claim and whether any recognized body of law provided McKesson with a private right of action against Iran. The court affirmed the district court's holding that the act of state doctrine did not apply in this case. While the court reversed the district court's holding that McKesson could base its claim on customary international law, the court affirmed the district court's alternative holding that the Treaty of Amity, construed as Iranian law, provided McKesson with a private right of action, and the court further affirmed the district court's finding that Iran was liable for the expropriation of McKesson's equity interest in Pak Dairy and the withholding of McKesson's dividend payments. Finally, the court reversed the district court's award of compound interest and remanded for calculation of an award consisting of the value of McKesson's expropriated property and withheld dividends plus simple interest. View "McKesson Corp., et al. v. Islamic Republic of Iran" on Justia Law
Miguel Sanchez Osorio, et al v. Dow Chemical Company, et al
Plaintiffs sued defendants, Dow Chemical Company ("Dow") and Dole Food Company, Inc. ("Dole"), for physical and psychological injuries they sustained from exposure to a pesticide, dibromocholoropropane, Dow supplied to Dole to use on its banana plantations. At issue is whether the over $97 million judgment a Nicaraguan court awarded plaintiffs is enforceable under the Florida Uniform Out-of-country Foreign Money-Judgments Recognition Act ("Act"). The court affirmed the district court's holding that the Nicaraguan judgment is not due recognition and enforcement under the Act where the Nicaraguan court lacked subject matter jurisdiction and/or personal jurisdiction over the defendants, where the judgment was "rendered under a system which does not provide... procedures compatible with the requirements of due process of law" under the Act, and where recognizing the Nicaraguan judgment would be repugnant to Florida public policy.