CORRIE v. CATERPILLAR, INC.

No. 05-36210.

503 F.3d 974 (2007)

Cynthia CORRIE, on their own behalf and as Personal Representatives of Rachel Corrie and her next of kin, including her siblings; Craig Corrie, on their own behalf and as Personal Representatives of Rachel Corrie and her next of kin, including her siblings; Mahmoud Omar Al Sho'bi; Fathiya Muhammad Sulayman Fayed; Fayez Ali Mohammed Abu Hussein; Majeda Radwan Abu Hussein; Eida Ibrahim Suleiman Khalafallah, Plaintiffs-Appellants, v. CATERPILLAR, INC., Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed September 17, 2007.


Attorney(s) appearing for the Case

Gwynne Skinner and Ronald C. Slye, Seattle University, Ronald A. Peterson Law Clinic, Seattle, WA; Maria C. La-Hood and Jennifer Green, Center for Constitutional Rights, New York, NY; and Erwin Chemerinsky (argued), for the plaintiffs-appellants.

Robert G. Abrams (argued), Howrey LLP, Washington, DC; Joanne E. Caruso, Richard J. Burdge, Jr., and David G. Meyer, Howrey LLP, Los Angeles, CA; James L. Magee, Graham & Dunn PLC, Seattle, WA, for the defendant-appellee.

Ronald J. Bettauer, Deputy Legal Adviser, Department of State, Jeffrey Buchwoltz, Acting Assistant Attorney General, John McKay, U.S. Attorney, Douglas N. Letter, Robert M. Loeb (argued), Attorneys, Appellate Staff, Department of Justice, Washington, DC, for amicus curiae the United States.

Ralph G. Steinhardt, George Washington University Law School, Washington, DC, for amicus curiae International Law Scholars.

Marco Simons and Richard L. Herz, Earthrights International, Washington, DC, for amicus curiae Career Foreign Service Diplomats.

Allan Ides, Loyola Law School, Los Angeles, CA, for amicus curiae Professors of Constitutional and International Law.

Terry Collingsworth, for amicus curiae the International Labor Rights Fund.

Tyler R. Giannini, Human Rights Program of Harvard Law School, Cambridge, MA, for amicus curiae Law Professors.

Robin S. Conrad and Amar D. Sarwal, National Chamber Litigation Center, Inc., Washington, DC; Maria Ghazal, Business Roundtable, Washington, DC; Paul R. Friedman, John Townsend Rich, and William F. Sheehan, Goodwin Procter LLP, Washington, DC, for amicus curiae the Chamber of Commerce of the United States of America and Business Roundtable.

Before: ARTHUR L. ALARCÓN, HAWKINS, and KIM McLANE WARDLAW, Circuit Judges.


WARDLAW, Circuit Judge:

Plaintiffs Cynthia and Craig Corrie, Mahmoud Al Sho'bi, Fathiya Muhammad Sulayman Fayed, Fayez Ali Mohammed Abu Hussein, Majeda Radwan Abu Hussein, and Eida Ibrahim Suleiman Khalafallah filed this action after their family members were killed or injured when the Israeli Defense Forces ("IDF") demolished homes in the Palestinian Territories using bulldozers manufactured by Caterpillar, Inc., a United States corporation. The IDF ordered the bulldozers...

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