Orion Tire Corp. v. Goodyear Tire & Rubber Co.

Good Law
268 F.3d 1133·2001 WL 1242239
United States Court of Appeals for the Ninth CircuitOctober 18, 2001No. 99-56639California3,557 words

Opinion

Lead Opinion

Berzon, J.

Orion Tire Corp. (“Orion”) and China Tire Holdings Ltd. (“CTHL”) appeal the district court’s (i) dismissal of CTHL’s RICO claim for failure to state a claim under Chinese law; (ii) dismissal of CTHL’s trade libel and defamation claims on grounds of forum non conveniens; and (iii) grant of summary judgment to defendants on Orion’s claims of trade libel and intentional interference with prospective economic advantage. We affirm in part, reverse in part, and remand.

Facts and Procedural History

Plaintiffs-Appellants Orion, a California corporation, and CTHL, a Bermuda corporation with headquarters in Hong Kong, *1135 sought to enter into a joint venture with the Chinese government (“China”) to produce automobile tires at a factory in Dalian, China. After China awarded the joint venture to DefendanL-Appellee Goodyear Tire and Rubber Co. (“Goodyear”), Orion and CTHL filed a complaint in the United States District Court for the Central District of California, alleging thirteen claims under state and federal law. Goodyear moved to dismiss for, among other grounds, failure to state a claim. The district court granted in part and denied in part the defendants’ motion.

The district court…

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