Thursday, May 6, 2010

Bauman, et al v. DaimlerChrysler Corp.

United States Court of Appeals for the Ninth Circuit - Docket Activity

Appellants’ Petition for Rehearing is GRANTED. The opinion filed on August 28, 2009 is vacated. This case shall be reheard by the 3-judge panel (Schroeder, Nelson and Reinhardt) the week of June 21, 2010.

The parties are ordered to submit supplemental briefs addressing the following questions (which are lifted right out of Reinhardt's August 2009 Dissent):

1. Is “control” an element of this court’s agency test for personal jurisdiction? If so, how much control is required? If our precedent is unclear, how much control should be required?

2. If the panel concludes that an agency relationship exists, would an exercise of general jurisdiction over defendants be reasonable in this case?

[UPDATE (05/20/10): Papers due today.]