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Dole Food Co. v. Patrickson January 22, 2003 (01-0593) return to case listing Case Summary A class of Latin American banana workers filed suit against Dole Food Co. and other defendants in Hawaii state court for injuries suffered as a result of exposure to Dibromochloropropane ("DBCP"). Dole impleaded two Israeli companies, Dead Sea Bromine and Bromine Compounds Limited, which allegedly manufactured some of the DBCP, as third party defendants. The two third party defendants (the Bromine companies) removed the case to federal court based on the Foreign Sovereign Immunities Act of 1976 (FSIA), which grants federal courts jurisdiction over an action against "an agency or instrumentality of a foreign state." The Bromine companies alleged that they were "an agency or instrumentality of a foreign state" because the government of Israel controlled a majority of shares in the companies at the time of the alleged acts. The district court held that it had jurisdiction, then dismissed the case on forum non conveniens grounds. On appeal, the U.S. Court of Appeals for the Ninth Circuit held that the Bromine companies were not agencies or instrumentalities of a foreign state and that, therefore, no federal jurisdiction existed and remanded the case to state court. The opinion of the Ninth Circuit is found at 251 F.3d 795. To see the opinion of the lower court, click here. PREDICTED OUTCOME ACTUAL OUTCOME Forecasting Model Expert One Expert Two Expert Three 8-1 to Reverse 9-0 to Affirm 9-0 to Affirm 6-3 to Reverse 9-0 to Affirm VOTING TO REVERSE Rehnquist O'Connor Scalia Kennedy Souter Thomas Ginsburg Breyer Rehnquist O'Connor Scalia Kennedy Thomas Breyer VOTING TO AFFIRM Stevens Rehnquist Stevens O'Connor Scalia Kennedy Souter Thomas Ginsburg Breyer Rehnquist Stevens O'Connor Scalia Kennedy Souter Thomas Ginsburg Breyer Stevens Souter Ginsburg Rehnquist Stevens O'Connor Scalia Kennedy Souter Thomas Ginsburg Breyer return to case listing