In a breach of contract action by employees of foreign suppliers to a U.S. retailer based on a code of conduct included in Defendant's supply contracts specifying labor standards suppliers must meet, the dismissal of the complaint is affirmed where the code of conduct did not create a duty on the part of Defendant to monitor the suppliers, and did not provide Plaintiffs a right of action against Defendant as third-party beneficiaries.
Argued and Submitted May 8, 2009
Filed July 10, 2009
Opinion by Judge Gould
Terrence P. Collingsworth, Conrad & Scherer, Washington, DC
Thomas M. Peterson, Morgan, Lewis & Bockius, San Francisco, CA