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| Subject:
Foreign Lawsuit against US company
Category: Miscellaneous Asked by: mdh_11-ga List Price: $30.00 |
Posted:
07 Feb 2005 14:03 PST
Expires: 09 Mar 2005 14:03 PST Question ID: 470589 |
Can a chinese citizen living in China sue a US based pharmacutical company for personal injuries sustained from taking a prescription drug manufactured by the US company? If so, could they sue in the US? Are there any laws or issues that might prevent the chinese citizen from bringing his case in the US? |
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| There is no answer at this time. |
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| Subject:
Re: Foreign Lawsuit against US company
From: joey-ga on 07 Feb 2005 14:12 PST |
The company most likely can be sued in the United States. The specifics, however, will depend on what state you sue in. You'll have to sue in the headquarters state, or in some cases, you can also sue in the state of manufacture. The complication, however, will involve the "choice of law." As the injury occurred in China, some states' law will require that the state/federal courts there use Chinese law (which would make for some interesting judgments given that the American judges ordinarily can't read Chinese). Other states will impose local law. In some rare cases, the case could be dismissed for "forum non conviens", essentially forcing you to bring suit only in your own country, but more often than not (depends on the state), the courts won't block you. I would talk to an American lawyer in the state of the company's headquarters, plants, or primary place of business to get a better answer. --Joey |
| Subject:
Re: Foreign Lawsuit against US company
From: nelson-ga on 07 Feb 2005 18:02 PST |
Do they have a subsidiary in China? |
| Subject:
Re: Foreign Lawsuit against US company
From: mdh_11-ga on 07 Feb 2005 19:29 PST |
The US company has offices in China. |
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