Bauman

Bauman v. DaimlerChrysler Corp.

Good Law
676 F.3d 774·2011 WL 5402020·2011 U.S. App. LEXIS 22612
United States Court of Appeals for the Ninth CircuitNovember 9, 201107-15386California2,989 words

Opinion

Opinion

O'Scannlain, J.

Order; Dissent by Judge O’SCANNLAIN.

ORDER

The panel has voted unanimously to deny the petition for rehearing. Judge Schroeder and Judge Reinhardt have voted to deny the petition for rehearing en banc, and Judge Nelson so recommended.

A judge of the court called for a vote on the petition for rehearing en banc. A vote was taken, and a majority of the active judges of the court failed to vote for en bane rehearing. Fed. R.App. P. 35(f).

The petition for rehearing and the petition for rehearing en banc are DENIED. No further petitions for panel or en banc rehearing will be entertained.

dissenting from the denial of rehearing en banc:

Our court today extends the reach of general personal jurisdiction far beyond its breaking point. Its holding, that federal courts have personal jurisdiction over a German corporation for its Argentinian subsidiary’s alleged activities in Argentina based simply on having a separate U.S.based subsidiary, is an affront to due process. The panel ignores the Supreme Court’s warnings that the Due Process Clause permits “defendants to structure their primary conduct with some minimum assurance as to where that conduct will and will not render them…

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