United States Ninth Circuit
Carijano v. Occidental Petro. Corp., 08-56187
In an action by members of the Peruvian Achuar indigenous group dependent for their existence upon the rainforest lands and waterways along the river, and Amazon Watch, a California corporation, against an oil company, for environmental contamination and release of hazardous waste, the dismissal of the action is reversed where defendant failed to meet its burden of demonstrating that Peru was a more convenient forum, and the district court gave insufficient weight to the strong presumption in favor of a domestic plaintiff’s choice of forum.
Appellate Information
- Decided 12/06/2010
- Published 12/06/2010
Judges
- Kim McLane Wardlaw
Court
- United States Ninth Circuit
Counsel
- For Appellant:
- Marco Simons, Daniel P. Collins