Castan Centre for Humanr Rights Law
Multinational Corporations and Human Rights
Transnational Human Rights Litigation against Companies
The links listed below are all to web sites which reproduce the cases in question free of charge to the internet user. The cases which cannot be accessed free of charge on line are listed but no link is included. Theses cases may be accessed through the various subscriber web sites that provide case law online.
Abdullahi v. Pfizer
No 01 Civ 8118, 2002 US Dist LEXIS 17436 (SDNY 2002)
US District Court for the Southern District of New York
This case concerned allened drug experimentation without informed consent held to be a violation of the law of nations which therefore activates the Alien Tort Claims Act. Case dismissed for Forum non Conveniens as Nigeria was more appropriate forum. See also appeal below Not available online but summary can be found at:
http://www.law.berkeley.edu/faculty/ddcaron/Documents/US_Cases/Comment_2002_Greathead_on_ATCA_Worl_Monitors.doc (fifth case in list)
Abdullahi v. Pfizer
Nos 02-9223(L), 02-9303 (XAP) (2d Cir 2003)
US Court of Appeals for the Second Circuit
Case remitted back to the District Court on the question of whether recent dismissal of proceedings in Nigeria was evidence that Nigeria was a corrupt forum.
http://biotech.law.lsu.edu/cases/research/Abdullahi_v_Pfizer.htm
Abrams v Societe Nationale Des Chemins de fer Français
175 F Supp 2d 423 (EDNY 2001)
US District Court for the Eastern District of New York
Holocaust survivors sued French rail company for violating the Alien Tort Claims Act in deporting French Jews to concentration camps. Case dismissed for sovereign immunity. See also appeal below. Not available online.p>
http://www.laborrights.org/projects/corporate/ATCA%20summaries.htm
Abrams v Societe Nationale Des Chemins de fer Français
975 F Supp 774 (WD Pa 1994)
US District Court for the Western District of Pennsylvania
Case remitted back to the District Court, to decide if sovereign immunity statute has a constitutionally impermissible retroactive effect on plaintiffs’ rights.
http://caselaw.lp.findlaw.com/data2/circs/2nd/019442p.pdf
Abu-Zeineh v Federal Laboratories Inc
Claim by Palestinians regarding the deaths of family members from CS gas sold to Israel by the defendants was dismissed, as the plaintiffs were stateless, and therefore did not have foreign citizenship for the purposes of diversity jurisdiction in US federal courts. Not available online but summary can be found at:
http://sunsite.berkeley.edu/meiklejohn/meik-peacelaw/meik-peacelaw-16.html#PL-663/34.9
Aguinda v. Texaco
945 F Supp 625 (SDNY 1996)
US District Court for the Southern District of New York
Claims by Peruvian and Ecuadorian national against oil company dismissed for Forum non Conveniens. See also 2001 decision below, and Jota v Texaco (below).
http://www.texaco.com/sitelets/ecuador/docs/aquinda_v_texaco.pdf
Aguinda v. Texaco
142 F Supp 2d 534 (SDNY 2001)
US District Court for the Southern District of New York
Peruvian and Ecuadorian nationals sued oil company for property damage, personal injury and risk of disease from negligent pipeline management under the Alien Tort Claims Act and tort law. Cases dismissed on Forum non Conveniens grounds. Judge suggested claims of environmental damage were unlikely to activate the Alien Tort Claims Act. See also appeal below
http://www.lancs.ac.uk/fss/law/intlaw/ibuslaw/docs/aguinda.doc
Aguinda v. Texaco
303 F 3d 470 (2d 2002)
US Court of Appeals for the Second Circuit
Affirmed decision of the District Court (see above)
http://caselaw.lp.findlaw.com/cgi-bin/getcase.pl?court=2nd&navby=case&no=017756
Alomang v Freeport-McMoran
811 So 2d 98 (La App 2002)
Louisiana Court of Appeal
Indonesian nationals sued mining company for cultural genocide, environmental damage and human rights abuses under State equivalent of the Alien Tort Claims Act. Appeal denied because plaintiffs failed to prove defendant was the alter ego of Indonesian subsidiary.
Not available online.
Al Rawi et al v. Titan Corporation
US District Court for the Southern District of California
The lawsuit, filed in 2004 by Iraqi Torture Victims Group (ITVG) on behalf of five Iraqis against two U.S. companies, CACI International and the Titan Corporation, which were contracted by the U.S. government to provide interrogation services to coalition forces in Iraq. The claim alleges torture and other abuses including loss of life.
http://www.mirkflem.pwp.blueyonder.co.uk/pdf/alrawititan60904cmp.pdf
Amlon Metals v FMC Corp
775 F Supp 668 (SDNY 1991)
US District Court for the Southern District of New York
Court found that transboundary environmental harms do not give rise to claims under the Alien Tort Claims Act.
Not available online
Bano v Union Carbide
273 F 3d 120 (2d Cir 2001)
US Court of Appeals for the Second Circuit
Claim for intrastate environmental harm held to come under diversity jurisdiction. Claims arising out of Bhopal disaster dismissed, due to settlement in India.
http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=2nd&navby=case&no=009250&exact=1
Bano v Union Carbide
2003 WL 1344884 (SDNY 2003)
US District Court for the Southern District of New York
Case for intrastate environmental harm dismissed on statute of limitation grounds. See appeal below.
http://www.elaw.org/resources/text.asp?id=1746
Bano v Union Carbide
2004 WL WL 516238 (CA2, NY 2004)
US Court of Appeals for the Second Circuit
Property claims reinstated (see District Court decision, above) and remitted to the District Court for consideration.
http://www.earthrights.org/files/Legal%20Docs/Union%20Carbide/2dCirDecisionMarch2004.pdf
Beanal v Freeport-McMoran Inc
969 F Supp 362 (ED La 1997)
US District Court for the Eastern District of Louisiana
Mining company sued for cultural genocide and gross environmental abuse in Indonesia. Claims held not to activate the Alien Tort Claims Act. Held also that the Torture Victim Protection Act only binds individuals, not corporations. See appeal below.
http://www.hamline.edu/apakabar/basisdata/1997/04/19/0024.html
Beanal v Freeport-McMoran Inc
197 F 3d 161 (5th Cir 1999)
US Court of Appeals for the Fifth Circuit
Court of Appeal upholds the district court decision, but makes no decision regarding the Torture Victim Protection Act. See also above.
http://laws.lp.findlaw.com/5th/9830235CV0.html
Bigio v Coca-Cola
239 F 3d 440 (2d Cir 2000)
US Court of Appeals for the Second Circuit
Former Egyptian nationals sued Coke for role in nationalisation of property in 1960s. Act of state doctrine not applied. Alien Tort Claims Act not activated as no evidence of corporate complicity with State actor. Case remitted to District Court regarding possible exercise of diversity jurisdiction.
http://www.tourolaw.edu/ftp/secondcircuit/december00/98%2D9058.rtf
Bodner v Banque Paribas
114 F Supp 2d 117 (EDNY 2000)
US District Court for the Eastern District of New York
Holocaust survivors sued French bank for war crimes. Jurisdiction under the Alien Tort Claims Act and 28 USC § 1331 affirmed; motion to dismiss denied. Case eventually settled.
Not available online
Bouzari v Islamic Republic of Iran
[2002] Carswell Ont 1469
Ontario Superior Court of Justice
Iranian plaintiff sued Iran, including Iranian government company, for torture allegedly carried out by state agents in connection with operations of the state-owned oil company. State immunity held to apply as impugned actions were not commercial in nature. In obiter, the court suggested that jurisdiction and Forum non Conveniens threshold might be different for torture cases.
http://www.incat.org/projects/bouzari.pdf#search=%22Bouzari%20v%20Islamic%20Republic%20of%20Iran%22
Bowoto v Chevron
No C 99-2506 SI, 2004 US Dist LEXIS 4603 (ND, Cal 2004)
US District Court for the Northern District of California
Chevron sued for gross human rights breaches in Nigeria under Alien Tort Claims Act. Motion to dismiss on Forum non Conveniens grounds denied. Held that plaintiffs had sufficient evidence to hold parent company liable for alleged actions of Nigerian subsidiary.
http://www.earthrights.org/site_blurbs/bowoto_v._chevrontexaco_case_history.html
Burger-Fischer v Degussa AG
65 F Supp 2d 248 (DNJ 1999)
US District Court for the District of New Jersey
Defendant charged with various war crimes in World War II. Case dismissed under ‘political question’ doctrine.
http://www.lawlibrary.rutgers.edu/fed/html/ca98-3958-1.html
Burnett v Al Baraka Investment and Development Corporation
274 F Supp 2d 86 (DDC 2003)
US District Court for the District of Columbia
Saudi bank sued for allegedly providing funds to ‘September 11’ hijackers. Court found it had subject matter jurisdiction and personal jurisdiction over some of the defendants. However motion to dismiss was granted for failure to state a claim against some defendants. For other defendants the court found other statements of plaintiffs' claims were needed before they would be required to answer the complaint or respond to discovery.
http://www.dcd.uscourts.gov/02-1616memop.pdf#search=%22Burnett%20v%20Investment%20and%20Development%20Corporation%22
Carlson v Rio Tinto
[1999] CLC 551 (QB)
Queens Bench
Case followed Connelly v RTZ (see below).
Not available online
Connelly v RTZ Corporation plc (CA)
[1996] QB 361 (CA)
UK Court of Appeal
English parent company sued regarding injuries in uranium mine operated by Namibian subsidiary. Court dismissed appeal on the grounds that provision of legal aid was not a factor to be taken into account when considering whether to stay proceedings on Forum non Conveniens grounds.
Not available online
Connelly v RTZ Corporation plc (HL)
[1998] AC 854 (HL)
House of Lords
Appeal against grant of stay on Forum non Conveniens grounds allowed.
http://www.bailii.org/cgi-bin/markup.cgi?doc=/uk/cases/UKHL/1997/30.html&query=Connelly+v+RTZ+Corporation+plc+&method=all
Connelly v RTZ Corporation plc (QB)
(1998) Unreported, though transcript available via LEXIS
Queens Bench
Case dismissed on statute of limitation grounds
Not available online
Dagi v BHP
[1995] 1 VR 428
Supreme Court of Victoria
BHP sued in tort for polluting Ok Tedi River and adjacent land, thus prejudicing the plaintiffs’ enjoyment of that land. and waters. Motion to dismiss denied. Parties settled.
Not available online
Delgado v Shell Oil
890 F Supp 1324 (SD Tex 1995)
US District Court for the Southern District of Texas, Houston Division
Tort claim by Latin American workers for exposure to the fertilizer DBCP. Case dismissed for Forum non Conveniens. 1995 case not available online but the 2000 case in the US Court of Appeals for the Ninth Circuit is available at: http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=5th&navby=case&no=9521074cv0&exact=1
Deutsch v Turner Corp
324 F 3d 692 (9th Cir 2003)
US Court of Appeals for the Ninth Circuit
A California statute exceeded California's power to engage in foreign affairs because it intruded on the federal government's exclusive power to make and resolve war, including the procedure for resolving war claims.
http://caselaw.lp.findlaw.com/data2/circs/9th/0056673p.pdf
Doe v Exxon Mobil
Docket No 01-1357 CIV (DDC 2002)
US District Court for the District of Columbia
Company sued for complicity in gross human rights abuses in Aceh, Indonesia. State Department has suggested that litigation prejudices US foreign policy interests. Decision pending.
Papers in the case available at http://www.laborrights.org/
Doe v The Gap et al
No CV-01-0031, 2001 WL 1842389(CD Cal 2001)
US District Court for the Central District of California
Claim against retailer and manufacturer for violation of labour rights. Alien Tort Claims Act claim dismissed. RICO claims accepted for preliminary purposes. Case settled against all defendants except Levis.
Not available online but a summary of the litigation can be found in the following article (third case on list)http://www.law.berkeley.edu/faculty/ddcaron/Documents/US_Cases/Comment_2002_Greathead_on_ATCA_Worl_Monitors.doc
Doe v. Unocal
963 F Supp 880 (CD Cal 1997)
US District Court for the Central District of California
Myanmar nationals sued oil company for gross human rights violations. Jurisdiction under Alien Tort Claims Act affirmed; motion to dismiss predominantly denied. First case to decide that Alien Tort Claims Act can apply to corporations.
http://www.yale.edu/lawweb/avalon/diana/unocal/31198-1.htm
Doe v. Unocal
27 F Supp 2d 1174 (CD Cal 1998) (aff’d 248 F 3d 915 (2001)
US District Court for the Central District of California (aff’d US Court of Appeal)
Court denies personal jurisdiction over Unocal’s partner, Total, so Alien Tort Claims Act complaint against Total dismissed.
Not available online
Doe v. Unocal
110 F Supp 2d 1294 (CD Cal 2000)
US District Court for the Central District of California
Alien Tort Claims Act claims against Unocal dismissed due to failure to plead sufficient complicity in alleged abuses by Unocal. See appeal below
Not available online
Doe v Unocal
2002 US App LEXIS 19263 (9th Cir 2002)
US Court of Appeals for the Ninth Circuit
Held that plaintiffs had sufficiently alleged corporate complicity by Unocal in breaches of the law of nations by the Myanmar government. Case overturned decision of Lew J in Unocal 2000 (see above). RICO claims dismissed. Decision vacated (see below)
http://sdshh.com/decisions/pdf/DoeDecision.pdf
Doe v Unocal
2003 WL 359787 (9th Cir 14 Feb 2003)
US Court of Appeals for the Ninth Circuit
Unocal 2002 vacated (see above), and appeal to banc panel now pending. Defendants have argued that the Filartiga interpretation of the Alien Tort Claims Act is too broad.
Not available online
Doe v Unocal
Unreported
Superior Court of California, County of Los Angeles
Tort claims proceeding against Unocal under State jurisdiction for alleged gross human rights abuses in Myanmar.
http://www.earthrights.org/site_blurbs/doe_v._unocal_case_history.html
http://www.unocal.com/myanmar/suit-state.htm (links to documents) and http://www.earthrights.org/unocal/index.shtml and http://www.universaljurisdiction.info/index/122625,
Dow Chemicals Co v Castro Alfaro
786 SW 2d 674 (SCt Texas1990)
Texas Supreme Court
Early case in litigation concerning damage caused by the fertilizer DBCP. Costa Rican workers sued American chemical company for sterility and medical problems from exposure to pesticide banned in USA. Motion to dismiss denied on the basis that Texas had abolished Forum non Conveniens by statute. Case subsequently settled. Not available online but case summary can be found at:
Estate of Rodriquez v Drummond Co
256 F Supp 2d 1250 (WD Al 2003)
USA district court for the Northern District of Alabama, Western Division
Company accused under Alien Tort Claims Act and Torture Victim Protection Act of collusion in the killing of trade union leaders by paramilitaries at their mining facilities. Alien Tort Claims Act claims permitted to proceed. Decided that the Torture Victim Protection Act claims could lie against corporations.
http://www.laborrights.org/projects/corporate/drummond/Drummond%20Decision.pdf#search=%22Estate%20of%20Rodriguez%20v%20Drummond%20Co%22
Eastman Kodak Co v Kavlin
978 F Supp 1078 (SD Fla 1997)
US District Court for the Southern District of Florida
Plaintiff, an American company, sued Bolivian company regarding its business practices and also under the Alien Tort Claims Act for imprisoning its agent in alleged extortion scheme. Dismissal on Forum non Conveniens grounds denied because defendant failed to show alternative forum was adequate. Jurisdiction under the Alien Tort Claims Act affirmed; motion to dismiss denied.
Not available online
Flores v Southern Peru Copper
253 F Supp 2d 510 (SDNY 2002)
US District Court for the Southern District of New York
Peruvian nationals sued American mining company for violation of rights to life, health and sustainable development under Alien Tort Claims Act. Claims found to fall outside the Act. Court also dismissed case for Forum non Conveniens. See appeal below.
http://www.earthrights.org/files/Legal%20Docs/Amicus%20Briefs/spcc.doc
Flores v Southern Peru Copper
343 F 3d 140 (2d Cir 2003)
US Court of Appeals for the Second Circuit
Upheld District Court decision (see above).
http://caselaw.lp.findlaw.com/data2/circs/2nd/029008pv2.pdf
Gagarimabu v The Broken Hill Proprietary Company Ltd
[2001] VSC 517 (unreported) (SCt Vic)
Supreme Court of Victoria
The Ok Tedi issue returns to Victorian courts due to alleged breach by BHP of settlement reached in Dagi v BHP (see above).
http://www.austlii.edu.au/cgi-bin/disp.pl/au/cases/vic/VSC/2001/517.html?query=%7e+gagarimabu
Ge v. Peng
201 F Supp 2d 14 (DDC 2000) (aff’d in unreported decision)
US District Court for the District of Columbia (now aff’d US Court of Appeal)
Alien Tort Claims Act case concerning forced labour in China. Case dismissed on the basis of insufficient evidence linking defendant company to the forced labor camps; other claims dismissed for sovereign immunity.
Not available online
IBM Case
Swiss Court of Appeal
This case was brought by Roma victims of the holocaust against IBM and concerns the production of computer equipment by one of IBM’s German subsidiaries that facilitated organisation of the holocaust. The Roma were granted leave by the Swiss Court of Appeal in June 2004 for the case to be heard in the Swiss courts. There is no link to the case at present but a CNN piece is available at:
http://www.cnn.com/2004/LAW/07/08/ramasastry.holocaust.ibm
In re Holocaust Victim Assets Litigation
105 F Supp 2d 139 (EDNY 2000)
US District Court for the Eastern District of New York
Case concerned several claims against Swiss banks regarding the assets of Holocaust victims. Court approved final settlement.
http://www.jlaw.com/Briefs/gribetz.html
In re Union Carbide Corp Gas Plant Disaster at Bhopal
634 F Supp 842 (SDNY 1986)
US District Court for the Southern District of New York (aff’d US Court of Appeals for the Second Circuit)
Seminal mass tort litigation arising out of the 1984 Bhopal industrial disaster. Case dismissed for Forum non Conveniens, as India found to be more appropriate forum. See also appeal below.
Not available online but see Bano v. Union Carbide (above).
In re Union Carbide Corp Gas Plant Disaster at Bhopal
809 F 2d 195 (2d Cir 1987)
US Court of Appeals for the Second Circuit
Affirmed District Court decision (above). However, appeal court did alleviate some of the conditions imposed by lower court on the defendant. Not available online but see Bano v. Union Carbide (above).
Iwanowa v Ford Motor Co
67 F Supp 2d 424 (DNJ 1999)
US District Court for the District of New Jersey
Alien Tort Claims Act case against company for collusion in forced labour during World War II dismissed for act of state doctrine,
Not available online but for a summary see: http://www.laborrights.org/projects/corporate/ATCA%20summaries.htm (paragraph 4 under heading “Dismissed Cases - Appeal Denied”)
Jota v. Texaco
157 F 3d 153 (2d Cir 1998)
US Court of Appeals for the Second Circuit
Appeal against dismissal on Forum non Conveniens grounds allowed because submission to alternative forum required. See Aguinda v Texaco (1996), above. Remitted to district court (see above – Aguinda v Texaco (2001).
http://www.earthrights.org/legaldocs/jota_v._texaco_and_aguida_v._texaco.html
Kasky v Nike
24 Cal 4th 939 (SCt Cal 2002)
Supreme Court of California
Plaintiff sued Nike for making false and misleading claims regarding its labour practices. Court held Nike’s claims were commercial speech and therefore could be regulated consistently with the US Constitution. See appeal, below. Case eventually settled
http://www.lexisnexis.com/clients/CACourts/?
Kasky v. Nike
123 SCt 2554 (SCt US 2003) US Supreme Court
Majority in Supreme Court decided it did not have jurisdiction to hear the appeal at this preliminary stage of the litigation. See State decision, above.
http://www.supremecourtus.gov/opinions/02pdf/02-575.pdf
Khulumani et al v Barclays National Bank et al
Case CV 25952 (EDNY 2002)
US District Court of the Eastern District of New York
Alien Tort Claims Act case launched against a number of companies for complicity in human rights abuses under the apartheid regime in South Africa.
Not available online
Lubbe v Cape plc
[2000] 1 Lloyd’s Rep 139 (CA)
UK Court of Appeal
South African nationals sued English parent of mining company for asbestos-related injuries. Appeal against Forum non Conveniens dismissed, South Africa was found by the court to be an appropriate forum for proceedings. See appeal, below.
http://www.bailii.org/cgi-bin/markup.cgi?doc=/ew/cases/EWCA/Civ/1998/1351.html&query=Lubbe+v+Cape+plc&method=all
Lubbe v Cape plc
[2000] 4 All ER 268 (HL)
House of Lords
Appeal against stay for Forum non Conveniens granted (see above), as court found that justice could not be achieved in alternative forum. Case eventually settled
http://www.parliament.the-stationery-office.co.uk/pa/ld199900/ldjudgmt/jd000720/lubbe-1.htm
Martinez v Dow Chemical Co
219 F Supp 2d 719 (ED La 2002)
US District Court for the Eastern District of Louisiana
Costa Rican, Honduran and Filipino workers sued chemical company for producing chemical for banana farms causing sterility. No available, adequate alternative forum, so Forum non Conveniens motion denied.
Not available online
Nat'l Coalition Gov't of the Union of Burma v Unocal, Inc
176 FRD 329 (CD Cal 1997)
US District Court for the Central District of California
Alien Tort Claims Act claims by a trade union and a government in exile dismissed for lack of standing. Some remaining claims dismissed for act of state.
Not available online
Ngcobo v Thor and Sithole v Thor
Unreported
Queens Bench
Case against company not dismissed for Forum non Conveniens. Court seemed to accept that the alleged tort arose in England, as the complaints targeted the decisions made at corporate headquarters regarding work practices by subsidiaries in Southern Africa.
Not available online
Presbyterian Church of Sudan v Talisman Energy
244 F Supp 2d 289 (SDNY 2003)
US District Court for the Southern District of New York
Oil company alleged to have collaborated in gross human rights abuses in Sudan. Defendant’s motion to dismiss Alien Tort Claims Act claim for Forum non Conveniens denied.
http://www.earthrights.org/files/Legal%20Docs/talismandecision.pdf
Recherches Internationales Quebec v Cambior Inc
[1998] QJ No 2554, Quebec Super. Ct, 14 August 1998
Quebec Superior Court
Tort case against Quebec company regarding alleged environmental harms in Ghana dismissed for Forum non Conveniens.
Not available online
Roe v Unocal Corp
70 F Supp 2d 14 (CD Cal 1999)
US District Court for the Central District of California
Forced conscript labour found not to breach the Alien Tort Claims Act. Case also dismissed for act of state.
Not available online but see Doe v Unocal above
Sarei v Rio Tinto Plc
221 F Supp 2d 1116 (CD Cal 2002)
US District Court for the Central District of California
Defendant sued for collusion in gross human rights abuses in Bougainville, Papua New Guinea. Motion to dismiss for lack of jurisdiction and Forum non Conveniens denied, but dismissed on act of state, political question doctrine. US government submitted a brief arguing in favour of dismissal.
http://www.cacd.uscourts.gov/CACD/RecentPubOp.nsf/0/c604172936988c5688256c29007f770b/$FILE/CV00%2011695%20MMM.pdf
Sequihua v Texaco
847 F Supp 61 (SD Texas 1994)
US District Court for the Southern District of Texas, Houston Division
Ecuadorians sued Texaco for contamination of oil, water and land. Dismissed for Forum non Conveniens because Ecuador deemed a more appropriate forum.
http://www.texaco.com/sitelets/ecuador/docs/sequihua.pdf
Sinaltrainal v Coca-Cola Co
256 F Supp 2d 1345 (SD Fla 2003)
US District Court for the Southern District of Florida
Court lacked jurisdiction over claims against company under Alien Tort Claims Act for acts of paramilitaries as well as its licensed bottlers because complicity could not be established. Actions against individuals in bottling plant permitted to continue.
http://www.cokewatch.org/cokedecision0403.pdf
The Amoco Cadiz
[1984] 2 Lloyds Law Reports 304, (ND Ill 1984)
US District Court for the Northern District of Illinois
Case concerned an oil spill off French coast. Court held that parent company exercised such dominant control over subsidiaries that owned the ship that it was liable for its own negligence in failing to adequately maintain the vessel.
Not available online
Sosa v Alvarez-Mechain
2003 US LEXIS 8572 (SCt 2003)
US Supreme Court
The Supreme Court affirmed that non-U.S. citizens may sue their abusers in U.S. federal court, under the Alien Tort Claims Act (ATCA).
http://www.earthrights.org/campaignfeature/atca_lives.html
Torres v Southern Peru Copper
965 F Supp 899 (SD Tex)
US District Court of the Southern District of Texas
Peruvian citizens sued Peruvian mine operators for air, water and ground pollution. Dismissed for Forum non Conveniens because Peru found to be a more appropriate forum. See appeal, below.
Not available online
Torres v Southern Peru Copper
113 F.3d 540 (5th Cir., 1997)
US Court of Appeals for the Fifth Circuit
Appeal – US Court of Appeals for the Fifth Circuit
Upheld lower court decision (see above)
http://caselaw.lp.findlaw.com/cgi-bin/getcase.pl?court=5th&navby=case&no=9640203cv0
Wiwa v. Royal Dutch Petroleum Co.
No 96 Civ 8386, 1998 US
Dist LEXIS 23064 (SDNY Sept 25, 1998)
US District Court for the Southern District of New York
Alien Tort Claims Act claim against oil company for complicity in gross human rights abuses. Case dismissed for Forum non Conveniens.
Wiwa v. Royal Dutch Petroleum Co.
226 F 3d 88 (2d Cir 2000)
US Court of Appeals for the Second Circuit
Appeal against Forum non Conveniens dismissal allowed. Plaintiff’s choice of forum and US public interest in adjudicating on human rights abuse not given sufficient weight at first instance. See remittal, below
Wiwa v. Royal Dutch Petroleum Co.
No 96 Civ 8386, 2002 US
Dist LEXIS 3293 (SDNY 2002 unreported)
US District Court for the Southern District of New York
Claim against oil company for serious human rights abuses came within Alien Tort Claims Act and RICO. Motion to dismiss largely denied.
Link below lists case history for the three Wiwa cases above -
http://www.earthrights.org/site_blurbs/wiwa_v._royal_dutch_shell_case_history.html
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