|Forum topic by Planeman40||posted 05-14-2016 05:37 PM||1656 views||0 times favorited||5 replies|
05-14-2016 05:37 PM
This is recommended reading!
Some Chinese state-owned entities, backed by the key government agency that oversees major state industrial companies, have adopted a controversial defense when they face U.S. lawsuits: You can’t touch us because we enjoy sovereign immunity.
Aviation Industry Corporation of China (AVIC), China’s biggest state-owned aerospace and defense company, has used the strategy twice, while state-owned China National Building Materials Group Co (CNBM), a state-owned building products company, successfully used it in a case involving allegations that Chinese-made drywall led to health problems for U.S. homeowners.
“The Sixth Circuit of the U.S. Court of Appeals ruled in December in AVIC’s favor in a separate case, by ordering a Michigan federal district court to re-examine its decision not to dismiss a lawsuit brought by Global Technology Inc (GTI) in a breach of contract case.
The more senior court said that the lower court should have more thoroughly weighed AVIC’s sovereignty immunity arguments. The case is now back with the lower court, where the parties have agreed to a court-supervised mediation. Clashes between the U.S. and Chinese legal systems have emerged in other arenas.”
””You can make the argument that a different economic and political system gives Chinese companies an advantage in some ways. But that’s U.S. law, and the U.S. government has made a clear decision that we will recognize the sovereign immunity of appropriately structured enterprises”
-- Always remember: It is a mathematical certainty that half the people in this country are below average in intelligence!