Dole Food Co. v. Patrickson

Summary

The Court held that the FSIA's majority-ownership provision requires a foreign state itself to own a majority of a corporation's shares; indirect ownership through corporate parents does not suffice. It also held unanimously that instrumentality status is determined when the complaint is filed, rather than when the alleged wrongdoing occurred. The Court affirmed in No. 01-594 and dismissed the writ of certiorari in No. 01-593. Justice Kennedy wrote the Court's opinion. Justice Breyer, joined by Justice O'Connor, concurred in the filing-date rule and the judgment but dissented from the direct-ownership holding, arguing that the statutory phrase “other ownership interest” includes ownership through a corporate parent. Outside confirmation could not be performed with the resources available in this interaction.