NAFTA Suits Against Governments

This article supports the NAFTA clause that lets foreign firms sue the US governments for redress of trade wrongs. The story is especially interesting because it shows how down and out people may enjoy punishing corporations. The author obviously sympathizes with the Canadian firm, but the story of the trial is entertaining. The Canadian firm was totally outlawyered and maybe even treated unfairly, but if it wins, the precedent will be terribly destructive.

“Nafta Meets the American Torts Process: O’Keefe V. Loewen.” George Mason Law Review, Vol. 9, No. 1, pp. 69-98, Fall 2000

Contact: MICHAEL I. KRAUSS

George Mason University School of Law
Email: mkrauss@gmu.edu

Auth-Page: http://ssrn.com/author=153568

http://ssrn.com/abstract=271265

ABSTRACT: The systematic bias against out-of-state defendants in American tort law is acutely illustrated in the important Mississippi case, O’Keefe v Loewen. This case, which resulted in the bankruptcy of the Canadian defendant, has itself become an international cause celebre because of the NAFTA challenge it has spawned. In this article, the factual backdrop of the case is described, the NAFTA challenge analyzed, and the implications of the challenge for tort reform are discussed.

1 comment so far

  1. Roy Combs on

    I think that this plan was originaly called the Roman Plan but changed for image resons?

    A system as old as the hills id comming back with the same dynasties different generation but same strategies.

    Before the things takes roots it shoud be killed befor it kills off free enterprise as we knew it last time I looked.


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