Itabiriçu Petitions Texas Supreme Court in $500 Million Vale Ore Dispute

Business Wire··USBRAT·Read original
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Summary · why it matters

A Brazilian mining company known as Itabiriçu is petitioning the Supreme Court of Texas to review an appellate court's decision in its long-running lawsuit against industry rival Vale SA. The petition raises broad questions about whether foreign companies can be sued in Texas, how closely a lawsuit must be tied to Texas conduct and how courts should analyze commercial activity that spans multiple countries and jurisdictions. The original lawsuit, filed in October 2023 in Nueces County, Texas, alleged Vale conspired with co-defendants Voestalpine Texas, LLC and Voestalpine US Holding LLC to become Texas' primary iron ore supplier, with Vale allegedly extracting and selling more than 100 million tons of the metal rightfully owned by Itabiriçu to Voestalpine, which then shipped the processed ore through the Port of Corpus Christi. The dispute stems from a battle between Itabiriçu and Vale over Brazil's Research Permit Polygonal, a water-filled zone storing mineral waste products known as tailings, and in September 2023 a Brazilian federal court ruled in favor of Itabiriçu, upholding its ownership of the tailings and right to begin extraction, though Vale had already extracted and sold the disputed tailings prior to that ruling. After the Texas trial court denied Vale's claims as a matter of personal jurisdiction, the Texas Court of Appeals dismissed Itabiriçu's allegations of improper conversion and sale of iron ore against Vale, ruling the issues should lie solely in Brazil's courts, and Itabiriçu's counsel now argues that separating Vale's unlawful extraction of iron ore in Brazil from its business dealings in Texas is flawed. The case is Itabiriçu Nacional De Pesquisa Mineral LTDA., v. Vale S.A., Case No. 26-0792 in the Supreme Court of Texas.

Impact on assets 1

Critical Materials & Supply Chain▼
Vale SA ADR
VALE
▼ NegativeRegulationrelevance

Itabiriçu is petitioning the Texas Supreme Court to revive its $500M lawsuit accusing Vale of conspiring to extract and sell its iron ore, keeping Vale exposed to litigation.

Theme Impact 1

Off-coverage companies 3

Itabiriçui
Private± MixedRegulationrelevance

Itabiriçu petitions the Texas Supreme Court to revive its $500M suit against Vale after appellate dismissal on jurisdiction grounds.

Voestalpine Texas, LLCi
Private± MixedRegulationrelevance

Named as a co-defendant alleged to have received and shipped disputed Vale iron ore; no separate development described.

Voestalpine US Holding LLCi
Private± MixedRegulationrelevance

Named as a co-defendant in the iron ore conspiracy suit; no independent development affecting it is described.

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