KDW's Ninth Circuit Victory Verified; Decision Affirmed by U.S. Supreme Court
November 6, 2003

The U.S. Supreme Court confirmed a victory secured by Kelley Drye in its denial of certiorari in the case of Deutsch v. Turner. This decision established a major victory obtained by Kelley Drye for client Hochtief AG (including its subsidiary Turner Corporation and its affiliate Kitchell Corporation) in the Ninth Circuit Court of Appeals.

In this case, after removing the California state action to Federal District Court, Kelley Drye prevailed on its motion to dismiss the plaintiffs’ claims with prejudice. On appeal, the cases were consoliDATEd with approximately 30 other actions involving claims against Japanese-related entities. Mr. Holman, in arguing the appeal, was successful in convincing the Court of Appeals that the California statute granting plaintiffs a right of action impermissibly infringed upon the federal government’s exclusive power over foreign affairs.