Corrie

I. Facts and Background

A. The Allegations in the Complaint

Because this action was dismissed under Federal Rule of Civil Procedure 12(b)(6), we accept all facts alleged in the complaint as true and construe them in the light most favor- able to the plaintiffs. Maduka v. Sunrise Hosp., 375 F.3d 909, 911 (9th Cir. 2004).

Following the Six Day War in 1967, Israel occupied and took control of the West Bank and Gaza Strip. Caterpillar is the world’s leading manufacturer of heavy construction and mining equipment. Among its customers is the IDF, which since 1967 has utilized Caterpillar bulldozers to demolish homes in the Palestinian Territories. According to plaintiffs’ complaint, Caterpillar sold the bulldozers to the IDF despite its actual and constructive notice that the IDF would use them to further its home destruction policy in the Palestinian Terri- tories; a policy plaintiffs contend violates international law. Seventeen members of plaintiffs’ families — sixteen Palestin- ians and one American — were killed or injured in the course of the demolitions. CORRIE v. CATERPILLAR, INC. 12491 B. Facts Beyond the Complaint1

The complaint alleges that…