Cooley Obtains Precedential Appellate Victory
San Diego – June 2, 2015 – Cooley achieved a significant appellate victory in Alejandro Diaz-Barba et al. v. The Superior Court of San Diego County. Cooley successfully defended its clients – the plaintiffs and real parties in interest, Wolfgang Hahn and Nikita, S.A. – against defendants' Petition for Writ of Mandamus to the California Superior Court.
The defendants sought an order commanding the Superior Court to vacate its order that recommenced the plaintiffs' lawsuit that had been stayed in favor of litigation in Mexico under forum non conveniens. This groundbreaking decision is the only published opinion that expressly affirms a trial court's revival and recommencement of an action in a US court after the action had been stayed in favor of an alternative forum on grounds of forum non conveniens, if the foreign court is unwilling or unable to assert jurisdiction over the action.
The opinion issued by the California Court of Appeals resolves longstanding questions about the limits of the jurisdiction of Mexican courts over actions against non-Mexican domiciled defendants, which question arises with some frequency in disputes over forum non conveniens. The decision thus has broad ramifications for U.S./Mexican cross-border disputes, by increasing the likelihood that California may serve as a viable venue for tort actions filed against multinational corporations that either do business in or sell goods or services in Mexico, but which are not domiciled in Mexico.
"We are delighted with the outcome for our clients whose claims against the defendants may finally be adjudicated on their merits in California," said Ali M. M. Mojdehi, Cooley partner. "We are also pleased with the significant advances the opinion makes in the understanding of Mexican law and the enhanced cooperation the opinion fosters between California and Mexico courts."
The Cooley team on this matter is comprised of partner Ali Mojdehi and associates Janet Dean Gertz and Allison Rego.
The official citation to the opinion is Diaz-Barba v. Superior Court (April 27, 2015, D066462) ___ Cal.App. 4th___ [2015 WL 2414461].
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