OFFICIALS LEGISLATION INTEREST GROUPS PUBLIC STATEMENTS COMMITTEES VETOES

BP Chemicals Ltd. v. Formosa Chemical & Fibre Corporation; Joseph Oat Corporation

Date: Oct. 3, 2000
Location: Court of Appeals, Third Circuit
Issues: Judicial Branch


BP CHEMICALS LTD. (an English corporation)
Appellant in No. 99-5452

v.

FORMOSA CHEMICAL & FIBRE CORPORATION
(a Taiwanese corporation); JOSEPH OAT CORPORATION
(a Pennsylvania corporation)

On Appeal From the United States District Court
For the District of New Jersey
(D.C. Civil Action No. 97-cv-04554)
District Judge: Honorable Joseph J. Rodriguez

Argued February 29, 2000

Before: ALITO and STAPLETON, Circuit Judges, and
POLLAK,* District Judge

(Filed: October 3, 2000)

ALITO, Circuit Judge, concurring in the judgment:

Except with respect to the comments below, writing separately in this case would not serve a useful purpose. I do not join part IIIB of the opinion of the Court. Both FCFC and JOC merely mentioned the choice-of-law issue in passing in their briefs. See FCFC Br. At 41, 50 n.7; JOC Br. At 17. " `[A] passing reference to an issue . . . will not suffice to bring that issue before this Court.' " Laborers' Int'l Union of N. Am. v. Foster Wheeler Corp., 26 F.3d 375, 398 (3d Cir. 1994), I would hold that no choice-of-law issue is properly before the Court in this appeal. Without full briefing from the parties, I am unwilling to join the Court's novel application of New Jersey choice-of-law principles.

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