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Cause Lawyering and the State in a Global Era$
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Austin Sarat and Stuart Scheingold

Print publication date: 2001

Print ISBN-13: 9780195141177

Published to Oxford Scholarship Online: November 2003

DOI: 10.1093/0195141172.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (www.oxfordscholarship.com). (c) Copyright Oxford University Press, 2019. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 14 December 2019

Taking on Goliath

Taking on Goliath

Why Personal Injury Litigation May Represent the Future of Transnational Cause Lawyering

Chapter:
(p.96) Chapter 4 Taking on Goliath
Source:
Cause Lawyering and the State in a Global Era
Author(s):

Anne Bloom

Publisher:
Oxford University Press
DOI:10.1093/0195141172.003.0004

This chapter examines the background and litigation proceedings in the case of Dow Chemical Company and Shell Oil Company versus Domingo Castro Alfaro (et al.), a case in which a Texas personal injury firm attempted to police the misconduct of a group of multinational corporations operating in Costa Rica by filing suit in Texas. The litigation in the Alfaro case involved allegations of wrongful exposure to pesticides of workers employed on a U.S. banana plantation, whose crop was shipped to the U.S.A. The defendants argued that the Texas court lacked jurisdiction to hear the case. In a ruling that sent shock waves throughout the international business community, the Texas Supreme Court disagreed. The Alfaro case opened up a new vista of transnational litigation for cause lawyers.

Keywords:   Alfaro case, cause lawyers, Costa Rica, personal injury litigation, U.S.A

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