The United States court system is fair to all who seek redress even if they are not citizens of the United States. People from across the world have been allowed to sue multi-national corporations who do business in the United States to affirm a foreign judgment that could not be collected in the country where the judgment was entered.
Because countries in South America and other areas of the world do not have the same stringent rules of evidence and judicial morality than those in the U.S. courts, suits in the U.S. to enforce foreign judgments and claims of injuries are rife with fraud.
For example, In July 2009, the Second Appellate Division of the Court of Appeal of California remanded the Tellez case to the Superior Court, with an order for the plaintiffs to show cause why that case should not also be dismissed. After several hearings, trial Judge Chaney dismissed the Tellez case in July 2010, noting that the case was rife with blatant fraud, witness tampering, and active manipulation. Judge Chaney also found that the Nicaraguan court system is, at best, fragile in its ability to present consistent rule of law and outcomes and that while many Nicaraguans live in relative poverty and with limited economic opportunity, the lawsuit was not the appropriate vehicle to rectify this situation.
If you are interested in a detailed analysis of the problem read Think Globally, Sue Locally: Trends and Out-of-Court Tactics in Transnational Tort Actions by Jonathan C. Drimmer and Sarah R. Lamoree available at http://www.boalt.org/bjil/documents/Drimmer_Macro2.pdf which covers in at least 72 pages the issues raised in detail.
The report by Mr. Drimmer and Ms. Lamoree is disturbing and makes clear that at least some of these cases are so rife with fraud that some lawyers have been disciplined for misrepresentations made to the court. Evidence of fraud and witness tampering is rampant and the only people who profit from these actions are the lawyers for the plaintiffs and the lawyers for the defendants.
© 2011, Barry Zalma. Barry Zalma, Esq., CFE, is a California attorney, insurance consultant and expert witness specializing in insurance coverage, insurance claims handling, insurance bad faith and insurance fraud. Mr. Zalma serves as a consultant and expert, almost equally, for insurers and policyholders. He founded Zalma Insurance Consultants in 2001 and serves as its senior consultant. He recently published the e-books, “Heads I Win, Tails You Lose — 2011,” “Zalma on Rescission in California,” “Zalma on Diminution in Value Damages,” “Arson for Profit,” “Insurance Fraud,” “Zalma on California Claims Regulations,” “Murder and Insurance Fraud Don’t Mix” and others that are available at on his website. Mr. Zalma can be contacted via his website http://www.zalma.com,or via email at zalma@zalma.com or you can access his free “Zalma on Insurance Fraud” newsletter. You can also access Mr. Zalma’s Martindale-Hubbell profile on martindale.com.