2024 – This case is complex and involves a large multi national corporation and foreign workers Although the case is from 1997

This case is complex and involves a large multi-national corporation and foreign workers. Although the case is from 1997, the ramifications of the final decision can still affect corporations today. Address the following in a paper:
1. Is a corporation’s instrumentality status defined as of the time of an alleged tort or other actionable wrong?
2. Identify the shared responsibilities of the corporation and employees. What are the steps taken to resolve this matter and avoid future ones?
3. What does the Court conclude in this case and why?
4. Your thoughts on the case, its impact and results.
Support your paper with minimum of five (5) resources. In addition to these specified resources, other appropriate scholarly resources, including older articles, may be included.
Length: 5-7 pages not including title and reference pages.

 This case is complex and involves a large multi-national corporation and foreign workers. Although the case is from 1997, the ramifications of the final decision can still affect corporations today. Address the following in a paper:

1.     Is a corporation’s instrumentality status defined as of the time of an alleged tort or other actionable wrong?

2.     Identify the shared responsibilities of the corporation and employees. What are the steps taken to resolve this matter and avoid future ones?

3.     What does the Court conclude in this case and why?

4.     Your thoughts on the case, its impact and results.

Support your paper with minimum of five (5) resources. In addition to these specified resources, other appropriate scholarly resources, including older articles, may be included.

Length: 5-7 pages not including title and reference pages.

 Dole Food Co. v. Patrickson
538 U.S. 468 (2003)

 DOLE FOOD CO. ET AL. V. PATRICKSON ET AL.

CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

No. 01-593. Argued January 22, 2003-Decided April 22, 2003*

Plaintiffs filed a state-court action against Dole Food Company and others (Dole petitioners), alleging injury from chemical exposure. The Dole petitioners impleaded petitioners Dead Sea Bromine Co. and Bromine Compounds, Ltd. (collectively, the Dead Sea Companies). The Dole petitioners removed the action to federal court under 28 U. S. C. § 1441(a), arguing that the federal common law of foreign relations provided federal-question jurisdiction under § 1331. The District Court agreed it had jurisdiction, but dismissed the case on other grounds. As to the Dead Sea Companies, the court rejected their claim that they are instrumentalities of a foreign state (Israel) as defined by the Foreign Sovereign Immunities Act of 1976 (FSIA), and are therefore entitled to removal under § 1441(d). The Ninth Circuit reversed. As to the Dole petitioners, it held removal could not rest on the federal common law of foreign relations. Regarding the Dead Sea Companies, the court noted, but declined to answer, the question whether status as an instrumentality of a foreign state is assessed at the time of the alleged wrongdoing or at the time suit is filed. It held that the Dead Sea Companies, even at the earlier date, were not instrumentalities of Israel because they did not meet the FSIA’s instrumentality definition.

Held:1. The writ of certiorari is dismissed in No. 01-593, as the Dole petitioners did not seek review in this Court of the Ninth Circuit’s ruling on the federal common law of foreign relations. P. 472.

2. A foreign state must itself own a majority of a corporation’s shares if the corporation is to be deemed an instrumentality of the state under the FSIA. Israel did not have direct ownership of shares in either of the Dead Sea Companies at any time pertinent to this action. Rather, they were, at various times, separated from Israel by one or more intermediate corporate tiers. As indirect subsidiaries of Israel, the companies cannot come within the statutory language granting instrumentality status to an entity a “majority of whose shares or other ownership interest is owned by a foreign state or political subdivision thereof.”

*Together with No. 01-594, Dead Sea Bromine Co., Ltd., et al. v. Patrickson et al., also on certiorari to the same court.