The National Chamber Litigation Center (NCLC) urged a federal district court in California to dismiss a case seeking to hold Wal-Mart responsible for the working conditions of its foreign suppliers' factories in China, Bangladesh, Indonesia, Swaziland, and Nicaragua.
"Foreign plaintiffs should not be allowed to use American courts to change US foreign policy and regulate labor standards overseas," said NCLC Senior Vice President Robin Conrad. "These plaintiffs are trying to hold Wal-Mart liable for workers'rights violations in factories located outside the US that are neither owned nor operated by the company."
In an amicus brief in support of Wal-Mart in Doe v. Wal-Mart Stores Inc, NCLC argues that diplomatic measures to address such issues already exist, and therefore the plaintiffs' claims are preempted under established Supreme Court precedent.
"The conduct of foreign governments in enforcing their own laws is not an issue properly adjudicated in US courts," Conrad noted. "The US has existing policies and diplomatic means designed to improve foreign labor standards.
If this case is allowed to continue, the plaintiffs' efforts would impair America's ability to speak with one voice to other nations concerning how best to improve international labor standards."
NCLC, the public policy law firm of the US Chamber of Commerce, is a membership organization that advocates fair treatment of business in the courts and before regulatory agencies.
The US Chamber of Commerce is the world's largest business federation representing more than 3 million businesses and organizations of every size, sector, and region.
National Chamber Litigation Center
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