Litigation Market

litigation market

400 consumers to the United States to prosecute cross-border litigation leveraging HP or Hewlett-Packard did not respond

400 consumers to the United States to prosecute cross-border litigation leveraging HP or Hewlett-Packard did not respond

HP “Quality Gate” has triggered a consumer activist group concerned, dell Inspiron 3700 battery has also made considerable efforts, some consumers have said that HP’s efforts and can not fundamentally solve the “quality defects laptop” problem.

Yesterday (April 21), Hewlett-Packard quality defenders promoters, France Web CEO Wangfeng Chang Yi told the “Daily Economic News” interview, said that given the current status of the domestic consumer rights protection, decided to open up in the U.S. “war “power of attorney now formally submitted to the U.S. counsel in preparation for Hewlett-Packard Corporation in the United States court.

Consumers want to the United States to Hewlett-Packard

Wangfeng Chang said that the process of HP’s consumer rights protection is extremely difficult, in order to safeguard the interests of consumers, they are ready to have jurisdiction over the law on HP’s relatively sound U.S. transnational litigation.

It is understood that for this cross-action law for the United States in a five lawyers, one of whom is Chinese, has already formed a human rights lawyer group. Law is a comprehensive assessment of risk to do a feasibility study report of foreign proceedings.

“Recently, we have also kept calling communication, trust agreement also formally submitted to the U.S. attorney, and is waiting for a lawyer replies.” Wangfeng Chang said the lawyers signed a power of attorney with the United States, after a comprehensive risk assessment will also do a good job corresponding a formal preparation to go to the United States Court placed on file.

According to Wang Fengchang introduction, the law of transnational litigation will be commissioned late trade network of 400 consumer rights protection for the plaintiff, to submit the complaint in U.S. courts, once the formation of litigation, the court ordered the United States for Hewlett-Packard compensation to consumers and their do not meet quality notebook to recall, at the same time apply to the court for punitive damages against HP.

In this regard, Wang Fengchang explanation, as of now, France has been easy to network all over the country received more than 2,000 consumers from the official commission, which commissioned the more than 1,000 pre-consumer law firm transferred to the Pacific Century, and domestic activists can not stop, so I decided later referred to the 400 consumers commissioned by transnational litigation as plaintiff.

“Although the odds for the time being unable to assess, but American Bar confidence in the U.S. Hewlett-Packard action on data collection point of view, we believe that no matter where litigation, such information can be very good evidence.” Wangfeng Chang said.

However, the United States has adopted a risk proxy mechanism, that is, the costs of litigation law firms in the United States first full commitment, once the winning or settlement, the plaintiff, such as access to higher compensation, lawyers, extracted from the compensation paid the agreed percentage . In this regard, Wang Fengchang said the lawsuit is completely foreign public acts, methods easy to network and team of American lawyers will not charge consumers any fees.

Beijing Municipal Lawyers Association Consumer Protection Committee lg P1 Series battery Chang told the “Daily Economic News” interview, said activists from the consumer to go outside a certain extent, in turn, will be the rule of law on the domestic boost. In his view, from the system itself is concerned, “HP” incident exposed the “three guarantees” provisions of the Ordinance be further improved.

“However, prosecution abroad does not mean we give up domestic rights protection.” Wangfeng Chang stressed that the current human rights lawyers group is also in close communication with the General Administration of Quality Supervision, Inspection and hope can be a second quality of HP’s investigation, and present the relevant investigation report. If there is no real progress will also take other ways at home to activists.

“Long arm jurisdiction” may leveraging cross-border litigation

According to the “Daily Economic News” about transnational collective action is not without precedent, but HP is not the first consumers to activist groups in the United States. As early as 2007, the first issue of Chinese consumers care solutions sued Bausch & Lomb was the U.S. local time on March 30, in New York State Supreme Court of successful local filing a case, after the first air crash litigation internationally compensation – the case of open Baotou air crash China disputes the door to the U.S. litigation.

“We (the Chinese lawyers) speaking to the U.S. lawsuit is also a new concept.” For Bausch & Lomb, Baotou air crash since the two cross-border litigation on Hailei Man branch of law firm lawyers Hao Junbo Beijing told the “Daily Economic News” interview that Chinese consumers with HP’s “quality gates” HP looks Chinese companies, consumers, tort sites are related to the United States and many other factors have no relationship in accordance with China’s legal system, this case should be in China solution. However, the U.S. civil actions is an important principle of “long arm jurisdiction” (LongArmJurisdiction), as long as the seat of the defendant and placed on file the court the existence of a “minimum contacts” (MinimumContacts), and the plaintiff claims, and such links referred to the , the court will have personal jurisdiction over the defendant may issue a summons against the defendant, even if the defendant outside the state or even abroad.

It is understood that “minimum contacts” in a wide range. For example, the defendant may be “interested in receiving” (PurposefullyAvailment), or the defendant in the court where there are “business activities” (TransactionofBusiness), multinational parent firms.

For consumers outside the litigation for the HP case, the “Daily Economic News” email to the U.S. corporate media relations for HP’s headquarters stakeholders, asking Hewlett-Packard headquarters in treatment of this, how will you respond? HP will adjust the program to settle Sony VGP-BPS2 battery with consumers? The person replying to messages, said public relations manager for HP’s Cut, Deficit of China’s problems will return.

In the April 19 ~ 21, within three days, the “Daily Economic News” repeatedly called on China’s Information Products Group, Hewlett-Packard and Small Business Marketing Director Xiao Zhenyi, no phone connected to his message has not been sent to respond. Cut, Deficit In an interview with the “Daily Economic News” interview, said there is no information received, does not make any comments, and for the “Daily Economic News” reporter asked for an interview related to HP’s high-level Chinese, Cut, Deficit, said the current leadership of mission inconvenient for an interview.

Cut, Deficit, said as of April 14, 2010, HP customer feedback Centre has received a total of 44,066 calls, of which 73% of customer calls to a general consultation, 27% for all types of questions reflected and addressed. During this period, Hewlett-Packard issues for each of the affected laptops are strictly in accordance with the specific circumstances of “three guarantees” requirement has 6301 users with a free repair or extended warranty solutions, review and accept the 1792 users Returns machine requirements or maintenance subsidies, 500 Hewlett-Packard existing service centers nationwide in the coming year will double and so on to achieve.

Challenges in international litigation

Haojun Bo pointed out that both sides of First Instance of the first round in battle should be the jurisdiction of the dispute. He said that while the U.S. civil litigation a “long arm jurisdiction” principle, but also there is a corresponding “inconvenient jurisdiction” principle, that if the cause of action from the parties and the relationship of the parties, witnesses, lawyers or the court to facilitate or costs and other point of view, the trial court case is extremely inconvenient for the court to refuse to exercise jurisdiction.

“The Court is placed on file will be outside the proceedings activist groups is a key factor, in addition to HP may make a counter-argument, therefore, human rights lawyers need to give the court sufficient grounds placed on file.” A well-known Beijing law by foreign lawyers, although he (not his real name) in the accept the “Business Daily,” an interview that if placed on file, the next to go is to the judicial process, the possibility of successful Chinese consumers are very COMPAQ PRESARIO 2500 battery.

However, Hao Junbo also said that Chinese consumers start facing the challenges of transnational litigation, if the United States courts, Hewlett-Packard Corporation is likely to object to the jurisdiction.

On these issues, “Daily Economic News” by e-mail interview with HP’s corporate headquarters is responsible for media relations Mylene, as of press time, Mylene not reply.

Haojun Bo pointed out that the jurisdiction of U.S. courts very flexible, according to his experience in cross-border litigation, U.S. courts usually follow the three principles to consider whether to accept: first, the accident occurred; second, in fact, its economic strategy and national interests linked; third, whether there is substitutability of the court.

According to Hao Junbo said, with Bausch & Lomb now Chinese consumers because of the transnational litigation issues under the jurisdiction of disputes and delays in progress. Bausch & Lomb in the event there are many consumers outside the U.S. litigation, only one in France that the French consumer as the U.S. courts have irreplaceable by the U.S. court dismissed the court accepted. “Transnational Litigation difficult than ever imagined, need to have enough patience.”

In addition, Hao Junbo that is not without skill of “preparation” program. He said that if HP’s Chinese consumers really want to sue the United States, you can go first Chinese court filing, the court shall not accept, the re-start offshore litigation, In addition, the quality of the HP problem, a lawyer in the United States investigation to find the United States, judicial cases, whether the consumer the United States because of quality problems with the HP or class action litigation, “so Chinese consumers can directly join the class action.”

Qiu Baochang told the “Daily Economic News” interview, said there are a lot of practice in international litigation and difficulties, such as litigation costs are too high, relief is not timely issues. In his view, from a rational point of view, the domestic consumer disputes or HP pavilion ze1000 Battery be resolved at home.

“There is no law in China to recall defective products, HP in accordance with the ‘Warranty’ requirement is not illegal to do things. But not just one or two models of ‘accident’, which involves the serious problem of product quality, use of recall processing is the best option, HP should recall the issue. “Qiu Baochang said.

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