Case 1-1
EXPECT MORE…
Agenda
Introduction
Definitions
Analyses
Summary
Introduction
CASE1-1
IGNACIO SEQUIHUA V. TEXACO INC.ET AL.
• Plaintiffs :Residents of Ecuador
• Defendants: Texaco and ET AL.
Case Point
• Under the doctrine known as comity, a court
should decline to exercise jurisdiction under
certain circumstances in deference to the laws
and interests of another country.
Opinion of judge Black
• The removal was procedurally
proper
• In considering the defendants'
motions to dismiss , the court used
comity to rule for defendants.
Jurisdiction
Comity
Jurisdiction
The practical authority granted to a formally
constituted legal body or to a political leader
to deal with and make pronouncements on
legal matters and, by implication, to
administer justice within a defined area of
responsibility.
Comity
An informal principle that nations will extend
certain courtesies to another nations,
particularly by recognizing the validity and
effect of their executive, legislative, and
judicial acts.
This principle is most frequently invoked by
courts, which will not act in a way that
demeans the jurisdiction, laws, or judicial
decisions of another country.
Introduction
Definitions
Analyses
Summary
• Court in Texas declined to exercise
jurisdiction over activity and harm that
occurred in Ecuador.
• Taking jurisdiction in U.S. would have
interfered with Ecuador’s sovereign right to
control its own environment.
• Case dismissed under the doctrine of
comity of nations.
U.S. Courts Apply Comity and
Refuse to Take Jurisdiction When:
1.The defendant is a sovereign state
2.Defendant has insufficient contacts with
the U.S.
3. Congress did not intend U.S. statute to
apply extraterritorially
4. Case concerns act of sovereign state on
its own territory