Professional Documents
Culture Documents
Percent of
Grounds of Dismissal Number Resolved(1)
Personal Jurisdiction 3 8%
No Private Right of Action 2 5%
Non Justiciable Political Question 2 5%
Forum Non Coveniens 1 3%
Other Grounds 8 21%
Percent of
Grounds of Dismissal Number Resolved(1)
Law of Nations 41 37%
Immunity Doctrines(2) 27 25%
Personal Jurisdiction 11 10%
2004-2013
Notes:
(1) Percent reflects all occurrences of grounds of dismissal per resolved case
(2) Includes all immunity doctrines, including Sovereign Immunity, Head of State Immunity, Diplomatic Immunity, etc.
Number
12
26
7
13
7
6
3
2
2
1
8
38
41
27
11
8
6
6
5
28
110
16
11
6
6
20
42
(Actual units)
Dismissal Rates by Year
1980-1992 1992-1995 1995-2004 2004-2013 2013-2015
MTD Granted 26 7 38 107 42
With Prejudice 23 7 35 87 37
Without Prejudice 3 - 3 20 5
Note: All cases classified as split motions to dismiss with and without prejudice are counted in with and without cat
($ in millions)
Known Settlement Amounts
1980-1992 1992-1995 1995-2004 2004-2013 2013-2015
($ in millions)
Known Settlements
1980-1992 1992-1995 1995-2004 2004-2013 2013-2015
Total - 1 7 12 3
(Actual Units)
Percentage of Default Judgments
1980-1992 1992-1995 1995-2004 2004-2013 2013-2015
Title Support n=5 n=3 n=4 n=10 n=3
Default Judgements 5 3 4 10 3
Percentage of Resolved Cases 15% 27% 7% 6% 5%
(Actual Units)
Summary Judgments
1980-1992 1992-1995 1995-2004 2004-2013 2013-2015
Summary Judgements - - 2 \ 4 1
(Actual Units)
Number of Cases with Awarded Damages
1980-1992 1992-1995 1995-2004 2004-2013 2013-2015
Number of Cases 4 4 7 15 3
Merit Cases 5 9 11 23 8
($ in millions)
Judgement Amounts
1980-1992 1992-1995 1995-2004 2004-2013 2013-2015
Judgement Amounts: $ 10.4 $ 41.0 $ 103.0 $ 2,395.0 $ 60,326.0
21.0 745.0 47.0 15.0
8.0 71.0 6.0 4.2
60.0 1,966.0 1,966.0 4.3 -
- 14.0 1.5 10.0 -
- 47.5 123.0 8.0 -
- - 21.0 -
- 4.0 13.5 -
- 4,500.0 36.8 -
- 140.0 - -
- - - 54.6 -
- - - 19.0 -
- - - 27.5 -
- - - 22.4 -
- - - 7.6 -
- - - 37.0 -
Total $ 99 $ 2,069 $ 7,654 $ 2,710 $ 60,345
($ in millions)
Favor-Outcome by Year
1980-1992 1992-1995 1995-2004 2004-2013 2013-2015
Plaintif Prevails 4 4 7 15 3
Total/% of Total
Number of Resolved Cases by Year
159
324
85
61 60
33
220 21
11
1 1 3 2 3 5
31
- -
1980-1992 1992-1995 1995-2004 2004-2013 2013-2015
d in with and without categories, counts partial motions to dismiss as motions to dismiss with prejudice
Resolved Pro se Frivolous
79%
70% 70%
67%
64% 64% 62% 62%
57%
55%
13%
9% 8%
5%
Note: All cases classified as split motions to dismiss with and without prejudice are counted in
-
with and without categories, counts partial motions to dismiss as motions to dismiss with
1980-1992
prejudice 1992-1995 1995-2004 2004-2013 2013-2015
$9 $9 $ 10
$6 $6
$ - $ - $ - $ -
1980-1992 1992-1995 1995-2004 2004-2013 2013-2015
n=0 n=1 n=1 n=5 n=0
$ 49
$9 $9 $ 10
$6 $6
7 $ - $ - $ - $ -
1980-1992 1992-1995 1995-2004 2004-2013 2013-2015
2.2% n=0 n=1 n=1 n=5 n=0
Total Average
56
17.3%
15%
7% 6%
5%
4 4
33 3
58.9%
$ 7,654
$ 2,069 $ 2,710
$ 99
$ 7,654
$ 2,069 $ 2,710
$ 99
SET = Settlement
SI = Sovereign Immunity
PAE = Presumption Against
Extraterritoriality
NJPQ = Nonjusticiable
Political Question
PJ = Personal Jurisdiction
S = Standing
P = Preemption
NA = Not an alien
DI = Diplomatic Immunity
PD = Preclusion Doctrine
RJ = Res Judicada
NT = Not torture per
definitions in TVPA
Tawfik v. Al-Sabah
(S.D.N.Y.
2014 WL 5488165
Fiouris v. Turkish Cypriot 10/31/2014 10-01225 DC Cir. Y
Cmty.
2014 BL 308311
Jovic v. L-3 Services, Inc. 9/24/2014 2014 WL 4748614 10 C 5197 7th Cir. OL
(renamed Genocide Victims of
Krajina v. L-3 Communications
Corporation et al)
Doe v. Exxon Mobil 9/23/2014 2014 WL 4746256 Civil No. 01– DC Cir. OL
Corporation 1357(RCL), Civil
No. 07–1022(RCL)
Baloco v. Drummond Co., Inc. 9/23/2014 767 F.3d 1229 No. 12–15268 11th Cir. Y
2014 WL 4677175
Doe I v. Cisco Systems, Inc. 9/5/2014 2014 WL 4446381 Case No. 5:11–CV– 9th Cir. OL
02449–EJD
Doe I v. Nestle USA, Inc. 9/4/2014 766 F.3d 1013 No. 10–56739 9th Cir. R
Luu v. Int’l Inv. Trade & Serv. 8/6/2014 11-00182 5th Cir. Y
Grp.
Ameur v. Gates 7/16/2014 759 F.3d 317 No. 13–2011 4th Cir. Y
Al Shimari v. CACI Premier 6/30/2014 758 F.3d 516 Nos. 13–1937, 13– 4th Cir. R
Technology, Inc. 2162
Hernandez v. U.S. 6/30/2014 757 F.3d 249 Nos. 11–50792, 12– 5th Cir. Y
50217, 12–50301
William v. AES Corp. 6/26/2014 2014 WL 2896012 No. 1:14CV343 4th Cir. Y
JCC/TRJ
Meshal v. Higgenbotham 6/13/2014 2014 WL 2648032 Case No. 1:09– DC Cir. Y
2178 (EGS)
Allaithi v. Rumsfeld 6/10/2014 753 F.3d 1327 Nos. 13–5096, 13– DC Cir. Y
5097
Sikhs for Justice v. Gandhi 6/9/2014 2014 WL 2573487 No. 13 Civ. 2d Cir. R
Mamani v. Berzain 5/20/2014 2014 WL 2069491 4920(BMC)
Case Nos. 07– 11th Cir. OL
22459–CIV, 08–
21063–CIV
Simon v. Republic of Hungary 5/9/2014 2014 WL 1873411 Civil Action No. DC Cir. OL
10–1770 (BAH)
Fernandez v. Spain 5/7/2014 2014 WL 1807069 Civil No. 13– 1st Cir. PS
1911(PG)
Howard v. Maximus, Inc. 5/6/2014 2014 WL 3859973 No. 3:13–cv– 9th Cir. PS
01111–ST
Sikhs for Justice Inc. v. Indian 4/25/2014 17 F.Supp.3d 334 No. 10 Civ. 2940 2d Cir. R
National Congress Party
Sikhs for Justice v. Nath 4/24/2014 17 F.Supp.3d 334 No. 10 Civ. 2940 2d Cir. R
In re South African Apartheid 4/17/2014 15 F.Supp.3d 454 Nos. 02 MDL 2d Cir. R
Litigation 1499(SAS), 02 Civ.
4712(SAS), 02 Civ.
6218(SAS), 03 Civ.
1024(SAS), 03 Civ.
Gandy v. Raemisch 3/31/2014 2014 WL 1292799 4524(SAS)
Civil Action No. 10th Cir. Fl
12–cv–03331–
MSK–MJW
Du Daobin v. Cisco Systems, 2/24/2014 2 F.Supp.3d 717 Civil No. PJM 11– 4th Cir. Y
Inc. 1538
Aamer v. Obama 2/11/2014 742 F.3d 1023 N
Chowdhury v. Worldtel 2/10/2014 746 F.3d 42 No. 09–4483–cv 2d Cir. Y
Bangladesh Holding, Ltd.
Aldana v. Del Monte Fresh 2/6/2014 741 F.3d 1349 No. 12–16143 11th Cir. Y
Produce N.A., Inc.
Howard v. Maximus, Inc. 2/5/2014 2014 WL 468887 N
Korber v. Bundesrepublik 1/9/2014 739 F.3d 1009 No. 12–3269 7th Cir. Y
Deutschland
Doe I v. Nestle USA, Inc. 12/19/2013 766 F.3d 1013 No. 10–56739 9th Cir. OL
Sikhs for Justice v. Badal 11/26/2013 736 F.3d 743 No. 13–2316 7th Cir. Y
Giraldo v. Drummond Co., Inc. 11/5/2013 2013 WL 5934645 No. 2:09–CV– 11th Cir. R
1041–RDP
Chen Gang v. Zhao Zhizhen 9/20/2013 2013 WL 5313411 No. 3:04CV1146 2d Cir. Y
RNC
Abecassis v. Wyat 9/16/2013 2013 WL 5231543 Civil Action No. 5th Cir. N
H–09–3884
Doe v. Ejercito De Liberacion 9/12/2013 2013 WL 8170187 No. 10–CV–21517 11th Cir. R
Nacional
Jerez v. Republic of Cuba 8/29/2013 964 F.Supp.2d 52 Misc. Action No. DC Cir. R
09–466 (RWR)
Adhikari v. Daoud & Partners 8/23/2013 2013 WL 4511354 Civil Action No. 5th Cir. OL
09–cv–1237
Balintulo v. Daimler AG 8/21/2013 727 F.3d 174 Docket Nos. 09– 2d Cir. R
2778–cv(L), 09–
2779–cv, 09–2780–
cv, 09–2781–cv,
09–2783–cv, 09–
2785–cv, 09–2787–
cv, 09–2792–cv,
09–2801–cv, 09–
3037–cv.
Gandy v. Raemisch 8/21/2013 2013 WL 8175779 Civil Action No. 10th Cir. R
12–cv–03331–
MSK–MJW
Kaplan v. Central Bank of 8/20/2013 961 F.Supp.2d 185 Civil No. 10– DC Cir. Y
Islamic Republic of Iran 483(RCL)
Ahmed v. Magan 8/20/2013 2013 WL 4479077 Civil Action No. 6th Cir. Y
2:10–cv–00342
Sexual Minorities Uganda v. 8/14/2013 960 F.Supp.2d 304 C.A. No. 12–cv– 1st Cir. OL
Lively 30051–MAP
Ahmed v. Commissioner for 8/6/2013 2013 WL 4001194 No. 1:13–cv– 11th Cir. PS
Educ. Lagos State 00050–MP–GRJ
Ahmed-Al-Khalifa v. Minister 8/2/2013 2013 WL 3991961 No. 5:13–cv–172– 11th Cir. PS
of Interior, Federal Republic of RS–GRJ
Nigeria
Hua Chen v. Honghui Shi 8/1/2013 2013 WL 3963735 No. 09 Civ. 2d Cir. PS
8920(RJS)
Doe v. Exxon Mobil 7/26/2013 527 Fed.Appx. 7 Nos. 09–7125, 09– DC Cir. R
Corporation 7127, 09–7134, 09–
7135
Giraldo v. Drummond Co., Inc. 7/25/2013 2013 WL 3873960 No. 2:09–CV– 11th Cir. R
1041–RDP.
Giraldo v. Drummond Co., Inc. 7/25/2013 2013 WL 3873978 2:09–CV–1041– 11th Cir. R
RDP.
Ezekiel v. B.S.S. Steel Rolling 7/2/2013 2013 WL 3339161 No. 11th Cir. PS
Mills 3:13cv167/MCR/CJ
K
Ahmed-Al-Khalifa v. Trayers
7/1/2013 3:13-cv-00869 2d Cir. PS
Sarei v. Rio Tinto, PLC 6/28/2013 722 F.3d 1109 Nos. 02–56256, 02– 9th Cir. Y
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Al Shimari v. CACI Intern., Inc. 6/25/2013 951 F.Supp.2d 857 1:08cv827 (GBL) 4th Cir. R
Mwangi v. Bush 6/18/2013 2013 WL 3155018 Civil Action No. 5: 6th Cir. PS
12–373–KKC
Doe v. Ejercito De Liberacion 6/17/2013 2013 WL 8170186 No. 10–CV–21517 11th Cir. R
Nacional
Fotso v. Republic of Cameroon 6/11/2013 2013 WL 3006338 No. 6:12 CV 1415– 9th Cir. Y
TC
Ahmed-Al-Khalifa v. Salvation 6/3/2013 2013 WL 2432947 No. 3:13cv289–WS 11th Cir. PS
Army
Mohammadi v. Islamic 5/31/2013 947 F.Supp.2d 48 Civil Action No. DC Cir. R
Republic of Iran 09–1289 (BAH)
Mwani v. Laden 5/29/2013 947 F.Supp.2d 1 Civil Action No. DC Cir. R
99–125 (JMF)
Ahmed-Al-Khalifa v. Kalady
5/28/2013 1:13-cv-02884 7th Cir. FL
Ahmed-Al-Khalifa v. Queen 5/21/2013 2013 WL 2242459 No. 5:13–cv–103– 11th Cir. PS
Elizabeth
Muntslag II
v. D'Ieteren, S.A. 5/17/2013 2013 WL 2150686 RS–CJK
No. 12–cv–07038 2d Cir. PS
(TPG)
Sikhs For Justice v. Badal 5/17/2013 2013 WL 2155116 12–CV–00806 7th Cir. R
Rio Tinto PLC v. Sarei 4/22/2013 133 S.Ct. 1995 No. 11–649 SC R
No. 11-CV-2794
Tymoshenko v. Firtash 3/26/2013 2013 WL 1234821 KMW 2d Cir. Y
Garcia v. Chapman 11/28/2012 Case No. 12– 11th Cir. Y
21891–CIV
Almog v. Arab Bank 01/29/2007 471 F.Supp.2d 257, Nos. 04–CV– 2d Cir. Y
258+, E.D.N.Y. 5564(NG)(VVP),
05–CV–0388(NG)
(VVP)
1:14-cv-09930; 15-
Villoldo v. BNP Paribas S.A. 02375 2d Cir. N
Type of Claim Defendant Dispositio Grounds
n of
Dismissal
NNP,
ATS, TVPA INC, IND, STA MTD/WP NJPQ, SOL
ATS INC
MTD/WP
TVPA STA, IND, ORG, MTD/P NI
AGE
ATS INC
ATS INC
Complaint based on women forced into "sex slavery" in the Asian and Pacific
theatres of WWII. They were raped, beaten, and killed. Allegations that
corporate defendants planned the harms. Alleged commericial activities
exception to the FSIA because the state killed U.S. soldiers. Also alleged certain
corps. aided and abeted the Japanese government.
Ps sue Chevron for buying oil from the Saddam Hussein regime. Ps allege $$$
went to finance Hussein's operation of terror against his citizens.
Ps sue Israeli Defense Minister for killing unarmed civilians in the Gaza.
Ps sue two psychologists at a military prison in Afghanistan (they were
independent contractors!!!) for designing torture program
See earlier iterations of this case for facts.
P alleges he was not allowed to become a member of the bar despite graduating
from law school and passing the bar exam because of his outstanding legal
disputes with Spain. (He is a Spanish national.)
Suing Obama for giving money to Israel used to fund terrorist activites
Suit for the death of a passanger of the recent shooting down of an airplane
flying in Ukranian airspace. The complaint names the airline as a D, but the
TVPA claim is solely brought against the head of a seperatist rebel group in
Ukraine acting with the support of Russia.
Plaintiffs brought suit based on defendants' financial support for Israeli citizens
living in the West Bank who injured plaintiffs during the Israeli-Palestinian
conflict through stonings (id. ¶¶ 23, 33), to firebombings (id. ¶ 26), to shootings
(id. ¶¶ 30, 33), to beatings (id. ¶¶ 31–32), to the destruction of property (id. ¶¶
24, 32) and vandalism .
Siblings of prisoner who allegedly died after he was tortured in Iranian prison
brought action against Islamic Republic of Iran and others, under Alien Tort
Statute (ATS), Torture Victim Protection Act (TVPA), and Foreign Sovereign
Immunities Act (FSIA).
Very difficult to figure out 100+ page complaint, but it seems P is alleging false
prosecution and being deprived of his children.
Plaintiffs brought suit against defendants for the execution of three union
leaders who were executed by members of the 18th Brigade of the Colombian
national army
Plaintiffs filed suit to seek justice and compensation for those Sikhs who were
injured or whose family members were killed and whose property was
destroyed during the Sikh Genocide of November 1984.
Individuals allegedly subjected to forced migration program as children
brought action against various religious organizations alleging violations of the
ATS after they were taken from their families in Europe at a young age, told that
their families were dead, and forced to work without compensation in Australia.
Plaintiffs brought suit for the deaths of those killed when Usama Bin Ladena nd
Al Qaeda exploded a massive truck bomb at the US Embassy in Nairobi, Kenya
Chinese run oil company tortured P and illegally detained him for lawsuit he
filed and tortured him.
This suit arises out of the 1998 bombing of a Colombian village by members of
the Colombian Air Force (CAF). Plaintiffs,1 citizens and former residents of
Colombia, brought suit in California against two U.S.-headquartered
corporations, Occidental Petroleum and AirScan, for their alleged complicity in
the bombing. Colombian citizens brought action against oil company and
private security firm under Alien Tort Statute (ATS), Torture Victim Protection
Act (TVPA), and state law to recover for their personal injuries and for deaths of
family members during bombing of village by Colombian military
Plaintffs brought suit against defendants, alleging that defendants had enaged
in a fraudulent property scheme that fraudulently created a pretense of a
legitimate recognized government with sovereign powers
Plaintiffs are displaced persons and their heirs who are denied the rights to their
property, business, and homes by the defendants. Such violation of plaintiffs'
rights is due to the illegal occupation in the north Cyprus that is based on
religious and ethnic cleaning through the use of force
Suit related to Sikh genocide against film star in the Great Gatsby who was a
legend in Bollywood. He was know as "the Butcher" for his repeated calls to
violence.
Plaintiffs in this action are Iraqi women who were the victims of torture by
agents *175 of the Saddam Hussein regime or whose husbands were the victims
of such torture. Two plaintiffs are Kurdish women currently living in Iraq, and
the remaining three plaintiffs were citizens of Iraq at the time of the alleged
torture but are now either citizens or permanent residents of the United States.1
Plaintiffs filed the instant case on July 26, 2010, seeking, inter alia, compensatory
and punitive damages on their own behalf and as a putative class action on
behalf of those similarly situated. They claim that the defendant corporations
aided and abeted the abuses of the Saddam Hussein regime by paying the
regime kickbacks and other unlawful payments, which enabled the regime to
survive and perpetrate the abuses suffered by plaintiffs or their husbands.
Alleged victims of human rights abuses in Iraq brought action against oil
company and French bank who allegedly aided Saddam's regime in obtaining
income in violation of the UN Oil-for-Food Program
Plaintiffs brought suit against the US for failing to adequately train Border
Patrol agents concerning the proper use of force
Plaintiff alleged that his indefinite detention by the US government violated the
US Constitution and international law
Plaintiffs filed suit seeking damages for the death of decedent who was shot
crossing the border
Plaintiffs are seeking compensation and relief for assault, false imprisonment,
trespass, negligence, tortious interference with contract, conversation, negligent
hiring, and breach of contract
Plaintiffs filed suit against defendants for allegedly coordinating the Mumbai
atacks with Lashkar-e-Taiba, causing the death of plaintiffs' family
Plaintiffs filed suit on allegations that they suffered physical and psychological
damages as victims of a forced labor scheme in which defendant, Curacao
Drydock Company, Inc. (“Curacao Drydock”), in concert with the government
of Cuba, trafficked them to Curacao and extracted forced labor.
Plaintiff commenced pro se action and asserted jurisdiction under ATS for
phsyciatric evaluation she was forced to undergo by a German court after her
father sued her for making statements that he abused her.
Vietnamese laborers brought suit to expose an international human trafficking
conspiracy. Plaintiffs alleged that they were defrauded and were lured into the
US on promises of good jobs and instead were subjected to inhuman treatment
Somali national who was allegedly tortured based on his membership in a clan
opposed to Somalia's leader at the time brought action against former officer of
Somali military for allegedly directly participating in his torture, including
shooting him five times and leaving him for dead.
Four Iraqi citizens brought action in the Southern District of Ohio under the
Alien Tort Statute (ATS) against, inter alia, military contractor, alleging that
plaintiffs were abused and tortured during their detention at Abu Ghraib prison
Parents ofsuspected
in Iraq as 15-year old boy shot
enemy and killed by United States Border Patrol Agent
combatants.
while he was playing in the cement culvert separating the United States from
Mexico brought action against the United States, various federal agencies, the
Agent involved in the shooting, and unknown federal agents
Plaintiffs filed suit to seek justice and compensation for those Sikhs who were
injured
Nine or whose
Bolivian familyand
residents members were
citizens killedaction
brought and whose property
against former was
president
destroyed
and minister during the Sikh
of defense Genocide
under of November
the Alien 1984.
Tort Statute (ATS) and Torture Victims
Protection Act (TVPA), as well as under state law, for the alleged massacre of
Bolivian citizens during a period of civil unrest.
All of Howard's claims arise out of conduct occurring while he was in Canada,
including illegal confiscation of his United States passport, arrest and
imprisonment without probable cause, failure to treat his medical needs, and
other abuses of authority.
Plaintiffs brought suit based on defendants' financial support for Israeli citizens
living in the West Bank who injured plaintiffs during the Israeli-Palestinian
conflict through stonings (id. ¶¶ 23, 33), to firebombings (id. ¶ 26), to shootings
(id. ¶¶ 30, 33), to beatings (id. ¶¶ 31–32), to the destruction of property (id. ¶¶
24, 32) and vandalism .
The Liberation Tigers of Tamil Elam (the “LTTE”) was founded in Sri Lanka in
1976. On October 8, 1997, the United States designated the LTTE as a Foreign
Terrorist Organization (“FTO”) under Section 219 of the Immigration and
Nationality Act. On November 2, 2001, the United States designated the LTTE as
a Specially Designated Global Terrorist (“SDGT”) under Executive Order 13224.
Both the FTO and SDGT designations prohibit individuals from providing
financial and other material support to the LTTE. The LTTE's goal is to establish
a mono-ethnic Tamil State in northern Sri Lanka. According to the Federal
Bureau of Investigation, the LTTE has murdered over 4,000 people since 2006.
The LTTE is particularly known for its use of suicide bombings. The Plaintiffs in
this case are victims of bombing atacks perpetrated by the LTTE in Sri Lanka in
November 2007, February 2008, and April 2008.Plaintiffs state that TRO funds
have been used to pay the salaries of LTTE members and to pay pension
benefits to the families of LTTE members who have been killed. Plaintiffs also
claim that TRO knowingly gave money to the LTTE for the purpose of assisting
the LTTE in carrying out the terrorist atacks that killed or injured Plaintiffs and
their families.
Human rights advocacy group and individuals brought action against Indian
politician
his and political
case arises party for that
out of allegations unlawful atacks
various in India that
corporations aided resulted in injury,
and abeted
death and of
violations destruction
customaryofinternational
homes, businesses and temples.
law commited by the South African
apartheid regime.3 The remaining plaintiffs are members of two putative classes
of black South Africans who were victims of apartheid-era violence and
discrimination.
Plaintiff challenged the constitutionality of a CDOC regulation that allows
inmates to make privileged phone calls only to licensed atorneys. He also
asserted that three prison officials retaliated agianst him for filing a grievance
about a prison employee's conduct
Border patrol agents killed an illegal immigrant atempting to cross the US
border.
Three former child slaves, who were forced to harvest cocoa in the Ivory Coast,
brought class action against multinational companies that controlled production
of Ivorian cocoa, alleging that the companies were liable under the Alien Tort
Statute (ATS) for aiding and abeting child slavery in the Ivory Coast.
Human rights group and alleged torture victims filed class action alleging that
Punjabi official was responsible for overseeing police and other security
personnel implicated in extrajudicial killings and torture in Punjab, in violation
of customary international law and Torture Victim Protection Act.
Salvador Dacer was a prominent and influential publicist in the Philippines
until he was tortured and killed in November 2000 (Compl.¶¶ 21, 54–58).
According to the complaint, his death was orchestrated by high-ranking
members of the Joseph Estrada administration who perceived Salvador Dacer as
a threat to their political power (Compl.¶¶ 48–59). At the time, former
defendant Panfilo Lacson and current defendant Michael Aquino held positions
as Director–General and Deputy Director, respectively, of the PNP–Intelligence
Group, the country's counterintelligence agency (Compl.¶ 41). Family members
sue under TVPA and ATS
Fathers dissatisfied with the resolution of their marital and child custody cases
in the courts of Israel brought action against high-ranking Israeli officials, and
three not-for-profit charitable entities, alleging that Israel's family law system
discriminated unfairly against fathers in child custody and support disputes.
Alien detainee brought action against numerous military and civilian officials,
seeking damages for his detention and treatment at Guantanamo Bay.
American and Israeli citizens who were injured or had relatives killed during
terrorist atack in India brought action against agency of Pakistan and two of its
former directors.
Over the course of the nationwide douzheng incited by the defendant, plaintiffs
and other Falun Gong practitioners were detained either in transformation
facilities or in “reeducation-through-labor” camps in China for extended
periods of time and made to watch anti-Falun Gong propaganda films, such as
“Li Hongzhi–The Man and His Deed”.Seeid. ¶ 98.They were also physically
tortured by Chinese security forces: shocked with electric batons, handcuffed to
beds while their bodies were stretched in opposite directions and hung from
ceilings with handcuffs. See id. ¶ 24.The defendant “personally, and in
collaboration with others, mobilized, instigated, ordered, [and] aided and
abeted” these abuses. Id. ¶ 3.
Plaintiffs alleged violations of the Anti–Terrorism Act (“ATA”), 18 U.S.C. § 2331,
et seq., against defendants for making allegedly illegal payments outside of the
U.N.-sanctioned Oil for Food Program that were funneled directly to Saddam
Hussein's regime in order for Hussein to fund terrorist activity. Dkt. 121.
Plaintiffs are United States citizens who were victims or family members of
victims of three terrorist atacks that occurred in Israel on November 1, 2001,
December 1, 2001, and March 9, 2002. Id. at 27.Prior to being transferred to this
court, the Honorable Lee Rosenthal ruled that a fact question existed as to
whether plaintiffs' ATA claims were barred by the statute of limitations based
on principles of equitable tolling.
See previous.
Jerez filed a complaint in 2005 in Florida state court against the Republic of
Cuba, Fidel Castro Ruz, Raul Castro Ruz, the Cuban Revolutionary Armed
Forces and El Ministerio del Interior seeking damages for the physical and
mental torture he allegedly endured when he was incarcerated in Cuban
prisons in the early 1970's. Id. at 10–11. Jerez alleged that he was purposefully
infected with Hepatitis C and developed cirrhosis of the liver, among other
injuries. Pl.'s Objections to Magistrate Judge's Mem. Op. and Order (“Pl.'s
Objs.”) at 6. In 2007, Jerez obtained a default judgment against the defendants in
the Florida state court. Id. at 8; Opp'n to Pl.'s Objections by Centro de Bioactivos
Químicos et al. (“Defs.' Opp'n”) at 2. In May 2009, the United States District
Court for the Southern District of Florida granted full faith and credit to the
state court judgment and entered default judgment against the defendants.
Men from Nepal were recrruited to work in Jordan on the premise that they
would be paid a certain compensation. Instead, they were taken to Iraq. Plaintiff
alleged that, in an effort to fulfill their contractual obligations, Defendants
Daoud and KBR “willfully and purposefully formed an enterprise with the goal
of procuring cheap labor and increasing profits,” and thereby engaged in
human trafficking.
Plaintiff brought action for being trafficked into the US from Morocco and
subjected to coerced and uncompensated labor as a domestic servant for almost
three years
Following a conflict along the border between Israel and Lebanon which
included rocket atacks on civilians in Israel, victims and family members or the
estates of victims of those rocket atacks brought action against two banks and
others, alleging that they were involved in transfers of funds from the Islamic
Republic of Iran to the terrorist group that carried out the atacks
The complaint alleged that defendant Abdi Aden Magan, a legal resident of the
United States, is liable for plaintiff Ahmed's arbitrary detention in Somalia from
November 20, 1988 to early March 1989, torture, and cruel, inhuman and
degrading treatment or punishment because he exercised command
responsibility over, aided and abeted, and conspired with subordinates in the
Somali National Security Service in accordance with a common plan to abuse
the rights of perceived political opponents of the government of Somalia, and
that plaintiff was arbitrarily detained, tortured, and subjected to cruel, inhuman
or degrading treatment by subordinates of defendant or others acting in
accordance with this common plan.
Umbrella organization representing groups advocating for the fair and equal
treatment of lesbian, gay, bisexual, transgender, and intersex (LGBTI) people in
Uganda brought action, alleging that defendant, an American citizen, acting in
concert with others through actions taken in both the United States and
Uganda,brings
Plaintiff violated the law
claims of nations
against anddefendants
eighteen conspired in
to this
persecute the LGBTIthe
case, including
community
heads of statein of
Uganda.
several countries, the Pentagon, the United States Congress, the
Secretary General of the United Nations, and several multinational
corporations.1Plaintiff, a resident of Nigeria, seeks redress for crimes against
humanity and human rights violations that have occurred during the civil war
in Syria. Plaintiff requests the Court to order a ceasefire in Syria, halt the sale of
arms to Syria, and compensate the victims of the civil war.
Plaintiff, a resident of Nigeria, asserts that his right to education was denied
when he was expelled from college after repeating a class and that he was
arrested for crimes he never commited on two different occassions.
Plaintiff, a resident of Nigeria, asserts that he atempted to renounce his
Nigerian citizenship and requested to be extradited to the United States, but the
Minister of the Interior did not respond to his request. Plaintiff asserts that this
inaction violated his right to a fair hearing and various human rights treaties.
Plaintiffs alleged that they were wives and legal heirs, parents and legal heirs,
and children and legal heirs of those “murdered by the AUC's Juan Andres
Alvarez Front in furtherance of its agreement with Drummond to provide
security, pacify the area, and otherwise ensure that the civilian population in
and around the Drummond mine and its railroad line would not in any way
provide support or cooperation to the FARC or other leftist rebels.”(Compl., ¶
15). Plaintiffs sought “damages for the loss of their relative who was an innocent
civilian murdered in furtherance of Drummond's security objectives and also as
a result of the civil conflict between the AUC and the FARC[.]” (Compl., ¶ 15).
The allegations of the original complaint centered on the contention that
Defendants Drummond Company, Inc. (“DCI”) and Drummond Ltd. (“DLTD”)
paid and conspired with paramilitaries, specifically the AUC, to harm union
leaders and provide “security” for Drummond's rail line and facilities.
Plaintiffs alleged that they were wives and legal heirs, parents and legal heirs,
and children and legal heirs of those “murdered by the AUC's Juan Andres
Alvarez Front in furtherance of its agreement with Drummond to provide
security, pacify the area, and otherwise ensure that the civilian population in
and around the Drummond mine and its railroad line would not in any way
provide support or cooperation to the FARC or other leftist rebels.” They
additionally asserted that each of the killings at issue was an “extrajudicial
killing” in and that Defendants, including Jimenez, were liable for those killings
because the paramilitaries carried them out as Defendants' “agents,” and
because Defendants provided the paramilitaries with “knowing and substantial
assistance,” and conspired with, aided and abeted, and engaged in “joint
action” with the paramilitaries in carrying out the murders. (Compl., ¶¶ 106–
120).
Plaintiffs sought relief against defendants for the aiding and abeting and
participation in a conspiracy with others to commit genocide, war crimes and
crimes against humanity during WWII through the unlawful taking and
retention of looted assets of plaintiff's family
P alleges that his former atorneys did not give effective representation in a
deportation hearing.
Current and former residents of Papua New Guinea (PNG) brought action
against international mining group, alleging that they or their family members
were victims of international law violations in connection with operation of
copper mine in PNG. Plaintiffs allege that defendants' mining operations on
Bougainville destroyed the island's environment, harmed the health of its
people, and incited a ten-year civil war, during which thousands of civilians
died or were injured. They assert that defendants are guilty of war crimes and
crimes against humanity, as well as racial discrimination and environmental
harm that violates international law.
Four Iraqi citizens brought action against military contractor, alleging that they
were abused and tortured during their detention in Abu Ghraib, Iraq as
suspected enemy combatants.
Plaintiff brought action for damages for violation of basic human rights, for the
wrongful rape, for the torture necessitated, for the wrongful breach of personal
privacy, for the purported professionalism as giving cause in carnal knowledge,
for concerted atitude and its warranted assault on physical character, for
labeling Abomination
Plaintiffs irrespective
brought acction against aof physical
group liaison or contact,
of corporations for individual
and their
indoctrination
owners recourse
and officers whoon physicalPlaintiffs
recruited identity for
of above mentioned
employment Plaintiff
in the UnitedIsaac
Mwangi
States under the
pursuant treaties
to the H–2Bofvisa
the guest
United States,program.
worker the Law of Nations and the laws
of the states of the United States and the doctrine of [pendent] jurisdiction.
On January 5, 2012, this Court entered a final default judgment (the “Default
Judgment”) in favor of Plaintiff, John Doe, a Venezuelan citizen and resident
alien of the United States, for a total of $36.8 million against Defendants, Ejercito
De Liberación Nacional (“ELN”) and Fuerzas Armadas Revolucionarios de
Colombia (“FARC”)—both guerilla organizations operating in the Republic of
Colombia—for injuries arising out of his kidnapping and torture by Defendants
between 1997 and 1998. This mater is before the Court on a Renewed Motion to
Intervene & Response in Opposition to John Doe's Motion to File Execution
Proceedings Under Seal [D.E. No. 65], filed on May 1, 2013, by eight American
citizens (collectively “Intervenors”)—victims who also hold a default judgment
(totaling $318.03 million) against FARC under the Anti–Terrorism Act, 18 U.S.C.
§ 2333, (their “ATA judgment”).1
Plaintiffs brought suit against defnendants for violatio nof LON through bribery
of siting Iranian and South African officials and trading in influence to steal the
first private Iranian GSM license from Turkcell.
Plaintiffs brought suit against defendants for conduct and actions in violation of
interantional law, including crimes against humanity, extrajudicial killings,
cruelty, inhuman and degrading treatment, unlawful and arbitrary arrests and
detention, violations of the rights to life, liberty, security of person and peaceful
assembly and association, wrongful death, assault and batery, negligent and
intentional infliction of emotional distress, aiding and abeting, conspiring, and
facilitating the terrorization, torture and summary execution of plaintiffs'
husbands
P is an alien prisoner who alleged racial discrimination.
Current and former residents of Papua New Guinea (PNG) brought action
against international mining group, alleging that they or their family members
were victims of international law violations in connection with operation of
copper mine in PNG. Plaintiffs allege that defendants' mining operations on
Bougainville destroyed the island's environment, harmed the health of its
people, and incited a ten-year civil war, during which thousands of civilians
died or were injured. They assert that defendants are guilty of war crimes and
crimes against humanity, as well as racial discrimination and environmental
harm that violates international law.
The former Ukranian prime minister and 50 individuals brought suit against
defendants , a group of American and foreign individuals and corporations,
claiming that defendants had violated the ATS, RICO, 18 U.S.C. sections 1961-
1968, and various state laws. Plaintiffs sought damages and a declaration that
the Ukranian practice of detaining plaintiffs for prolonged periods violated
international law
Plaintiffs, victims of torture and arbitrary detention, brought action against
Cuban citizen for conspiracy in violation of ATS and TVPA
Multiple plaintiffs, United States and foreign nationals allegedly injured, or the
survivors of those injured or killed, in terrorist atacks in Israel, brought actions
under, respectively, the Anti–Terrorism Act (ATA) and the Alien Tort Claims Act
(ATS) against Jordanian bank alleged to have knowingly provided banking and
other
Ps services
sued thatfalse
Cuba for facilitated the actions
imprisonment of terrorist
during organizations.
at the hands of Che and
harrassment. He got a judgment in FL. P got partial satisfaction of the
judgment by suing the bank in PA. Got $2.3 million and $140000 from MA.A
court in Vera (SDNY) said the judgment was fine when a bank challenged the
jurisdiction. Cause of action under RICO and other laws.
Opinion Damages
TVPA claims are dismissed because not brought against a not a natural person.
ATS claims survive doctrine of PAE because they allege a connection to the
United States, e.g., Japan atacked Pearl Harbor and the United States was at
war with Japan. Nevertheless, the case is a NJPQ because peace treaty with
Japan indicated that claims should be resolved by accord, not by the courts.
Also it violates the SOL because Japan already paid reparations to Korea
(where women were trafficked from) and there is an upcoming sumit where
world leaders will discuss this issue.
Case will proceed even under ATS because there may be merit. Ordered clerk
to serve Ds.
Facts alleged are not plausible enough to establish that torturer was an official
rather than a private individual.
The P cannot establish any exception to the FSIA. His suit is therefored barred
because he is suing a foreign state.
Under Westfall Act, Ds are substituted out and immune from suit.
Affirms In re South African Apartheid Litig., 15 F. Supp. 3d at 455-57 , and In re
South African Apartheid Litig., 56 F. Supp. 3d 331 , 332-36 (S.D.N.Y. 2014).
Holds: "(1) Knowledge of or complicity in the perpetration of a crime under the
law of nations (customary international law)—absent evidence that a defendant
purposefully facilitated the commission of that crime—is insufficient to
establish a claim of aiding and abeting liability under the ATS.
(2) It is not a violation of the law of nations to bid on, and lose, a contract [*171]
that arguably would help a sovereign government perpetrate an asserted
violation of the law of nations.
(3) Allegations of general corporate supervision are insufficient to rebut the
presumption against extraterritoriality and establish aiding and abeting
liability under the ATS.
(4) Here, plaintiffs' amended pleadings do not establish federal jurisdiction
under the ATS because they do not plausibly allege that the Companies
themselves engaged in any "relevant conduct" within the United States to
overcome the presumption against extraterritorial application of the ATS.
a. Holding Ford to be directly responsible for the actions of its South African
subsidiary, as plaintiffs would have us do, ignores well-setled principles of
corporate law, which treat parent corporations and their subsidiaries as legally
distinct entities.
b. Plaintiffs have plausibly alleged some specific, domestic conduct in the
complaint—namely, that IBM in the United States designed particular
technologies in the United States that facilitated South African apartheid. This
conduct satisfies the first prong of our extraterritoriality analysis as it "touches
and concerns" the United States.
c. Plaintiffs' complaint against IBM fails on the second prong of the required
jurisdictional analysis: it does not plausibly allege that IBM's conduct
purposefully aided and abeted South Africa's alleged violations of customary
international law.
d. Accordingly, the alleged conduct cannot state a claim for aiding and abeting
liability under the ATS and cannot form the basis for our jurisdiction.
(5) Because we decide the case on the basis of the presumption against
extraterritoriality, we need not address whether plaintiffs' complaint satisfies
the ATS's other jurisdictional predicates, including whether the complaint
pleads a violation of the law of nations; whether customary international law
recognizes the asserted liability of the Companies; and whether the theory of
liability alleged by plaintiffs is recognized by customary international law."
Court said PMCs activities were too intertwinned with the military's to be
Under Westfall
reviewable by aAct, Dsbecause
court are substituted out and
the military's immune
strategy wasfrom suit.
the province of the
executive.
Iran even though it may have carried out terrorist activities is a state within the
meaning of FSIA. Also the plaintiffs became US citizens.
Ruled that because United States also funded 18th brigade, it was a political
question.
Events took place in India and thus do not "touch and concern" the United
States. This is the case despite leader being in U.S.
Court affirmed dismissal because the conduct did not touch and concern the
US
Court found that it will award a total of $161,309,500 to a total of 374 plaintiffs. $161,309,500 to a total of 374
However, the court found that it could not award damages to 17 individuals plaintiffs
who filed claims for wrongful death. Similarly, the court found that it could not
award damages to 45 entities because only natural persons can experience pain
and suffering. Finally, the court found that it could not award damages to an
individual who was a minor because he lacked the capacity to sue.
Court found the defendants immune and therefore found that it lacked subject
mater jurisdiction over plaintiff's claims, granting defendant's MTD
Court granted motion to dismiss the complaint with prejudice because plaintiff
failed to respond to court's requests
Court granted defendant's motion to dismiss with prejudice because there were
not enough contexts between Turkish state-run companies and US to warrant
general or specific PJ and also no evidence of an sub-parent relationship. NEED
TO ADD OPINION IN Toumazou v. Turkish Republic of N. Cyprus, 71 F.
Supp. 3d 7 (D.D.C. 2014) --> THIS IS THE PARENT CASE THE OTHER TWO
ARE RELATED. CAN'T ADD CELLS SO I COULDN'T DO IT. CITE: 71 F. Supp.
3d 7
Court affirmed the grant of defendant's MTD because defendants were not None
subject to liability under TVPA and allegations were insufficient to plead bank
and company acted with purpose of facilitating human rights abuses as a
mater of first impression in the circuit, in determining whether a claim
sufficiently “touches and concerns” the United States as to displace
presumption against extraterritorial application
Court granted defendant's MTD on ATS claims because plaintiffs failed to None
esatblish violation of LON
Court granted intervenors' motion to intervene and to unseal videotape
evidence
Court dismissed ATS claims for all plaintiffs because of the presumption
against extraterritoriality. TVPA claims were dismissed for one plaintiff who
failed to establish sufficient facts to show that defendant acted under color of
law. TVPA were later fully dismissed in September 2015.
Court entered final judgment against Al Qaeda for the 6 plaintiffs by way of a Court found for damages for
separate jdugment order $161,309,500 each for 374 different
plaintiffs
Court gratned in part and denied in part defendant's MTD, finding that PAE
was not rebuted, federal question jurisdiction was not basis for jurisdiction,
CAFA was not basis for jurisdiction, plaintiffs stated claims under IL and VA
law for civil conspiracy, SOL defendant could not be resolved on MTD, and
applicability of ASD could not be resolved in MTD
Court denied defendant's motion to dimiss as to ATS claims in light of
intervening law
Court affirmed the grant of MSJ for eight plaintiffs and the dismissal of claims None
of remaining four plaintiffs
Court granted defendant's motion to dimiss and further ordered that plaintiff's
amended complaint be dismissed without prejudice. Ps later voluntarily
dismissed ATS claim to avoid additional "motion practice."
Court dismissed plaintiffs' ATS claims because plaintiff failed to show a Not Yet
violation of LON and that US consented to be sued (SI waived)
Court corrected its order entering default judgment to vacate the final Afterwards, the plaintiffs
judgment. Final judgment will be entered in favor of plaintiffs in an amount atempted to collect judgment
equal to any indebtedness owed by garnishee Sargeant Marine to Defendant against the company, which was
Curacao Drydock Co. up to the amount of the oustanding jdugment. Should wholly owned by the governments
garnishee Sargeant Marine fail to respond to post judgment discovery, of Curaçao and the Netherlands.
judgment will be entered in favor of plaintiffs in the amoiunt of $80 million Both countries moved, after
plus post-judgment interest as a sanction several months of failing to
respond, to dismiss the plaintiff’s
atempt to collect judgment—
which would have been affected
by freezing their wire transfers to
their accounts at Chase in New
York—on the basis of sovereign
immunity. Licea v. Curacao
Drydock Co., Inc., 870 F. Supp. 2d
1360, 1364 (S.D. Fla. 2012). The
court ruled that limited discovery
could proceed against the
governments of Curaçao and the
Netherlands to determine whether
such a defense was valid or if it
Court dismissed plaintiff's complaint because FSIA is sole basis for jurisdiction was precluded by the commercial
over foreign state exception to the Foreign Sovereign
Immunities Act (“FSIA”). The
defendants petitioned for a stay on
collection of the judgment and the
Eleventh Circuit denied the stay
for lack of jurisdiction, holding
that discovery had not yet
established whether the
commercial exception in FSIA
applied to the governments and an
appeal could not be undertaken
until the money had been
collected. Licea v. Curacao
Drydock Co., Inc., No. 12-14440-EE
(11th Cir. Jun. 16, 2014). On June
25, 2014, the plaintiffs filed a
motion to deposit funds into the
court registry. The motion
remains pendant and presumably
the defendants will appeal the
question of sovereign immunity if
the plaintiffs prevail. Hence, there
is an argument that the case
should not be included in the list
of default judgments.
Court granted order of dismissal on setlment annoucement Couldn't find setlement but it was
allegedly dismissed because of
setlement
Court granted in part and denied in part defendants' MTD because of Kiobel,
claim of TVPA did not raise NJPQ, ASD did not apply, defendant was not
entitled to official acts immunity and plaintiff stated a claim under TVPA
Court reversed orders denying dismissal because claims under TVPA were not
asserted against natural persons and the complaints did not state claims within
jurisdiction of US courts
Court affirmed the grant of MTD for defendants because US was sovereign and
because MCA stripped it of hearing non-habeas claims
Court found that plaintiffs' claims rebuted the PAE because the D was a U.S.
citizen and remand was required for further factual development of the record
as to whether there was direct control by military over interrogation of
Court affirmed in part and reversed in part the grant of defendant's MTD. ATS
plaintiffs
did not waive US soveriegn immunity
Court granted defenant's MTD because customers failed to state liabiity against
parent company, there was a lack of personal jurisdiction, ATS did not have
extraterritorial application, and ATS did not provide court jurisdiction
Court dismissed TVPA claims quickly because TVPA does not include as None
possible defendants either American government officers or private U.S.
persons
Court held that aliens had to bring suit against US pursuant to FTCA and not
ATS
Court dismissed with prejudice the amended complaint because ATS claims
did notgranted
Court rebut PAE, plaintiffs
in part lacked
and denied instanding, SOL barred
part defendant's MTD. action,
Courtand the facts
lacked
alleged were insufficient
subject mater jurisdictionfor
toTVPA claims
hear ATS claim but plaintiffs sufficiently alleged
TVPA claim
Court granted defendant's MTD because FSIA did nto confer jurisdiction, there
was insuffiicent business for personal jurisdiction, and jurisdiction was not
triggered under ATS due to Kiobel.
Only FSIA provides jurisdiction over a country.
Haven't exhausted all remedies in Canada and also the complaint does not
allege torture.
Court granted defendant's MTD because there was no jurisdiction under ATS
even if the INOC acted as a corporate affiliate of the INC, and even if the INC
orchestrated acts directed at individuals in the United States, the performing
actors and the actual conduct at issue occurred entirely abroad. and plaintiff
was not alien under ATS because it is a cororation with its principle place of
business in New York.
Court granted defendants' MTD because PJ over CEO was not warranted,
political question doctrine barred jurisdiciton, ASD barred jurisdiction, and
plaintiffs failed to allege a claim under ATS because didn't sufficiently allege
purpose.
Court affirmed in part and reversed in part judgment in favor of plaintiff. Verdict after jury trial for $1.5
Plaintiff's alleged detention and torture could not support claim under ATS but million in compensatory damages
plaintiff did sufficiently alleged TVPA claim against corporate and indivdiual
defendant and $250,000 in punitive
damages against individual
defendant
Court affirmed the dismissal on forum non coveniens grounds because None
plaintiffs could not seek reexamination of forum non conveniens decision by
arguing unavailability of Guatemalan courts
Court granted plaintiff's motion to voluntarily dismiss the case
Court ordered judgment in amount of $4,205,000 be entered for plaintiffs. Only Court ordered judgment in
on TVPA claim. amount of $4,205,000 be entered
for plaintiffs
Court affirmed grant of MTD for defendants because MCA ousted the court of
jurisdiction
Court reversed reversal of grant of MTD. Due process did not permit exercise None
of general jurisdiction over the corporation in California
Court affirmed grant of MTD for defendants because claims were untimely and None
because the dispute took place abroad.
Corporations can be held liable under ATS and mens rea need not be specific
intent.
Court affirmed grant of MTD because plaintiffs failed to effect service of
process upon official
ATS had no extraterritorial reach but Ps establish standing under a different
provision of the TVPA for wrongful death and Ds have not alleged failure to
exhaust remedies.
The court denied the motion finding that Kiobel was predictable and that Ps
had already sought evidence linking Drummond to the US and had failed (and
hence SJ was granted).
Court affirmed the grant of MTD for defendants because ATS was not Not Yet
applicable to conduct in Israel and fathers failed to state a claim under TVPA
Court granted defendants' MTD because it lacked jurisdiction under FSIA and Not Yet
directors were entitled to foreign sovereign immunity
Despite plaintiffs' atempts to distinguish their claims from those in Kiobel, this
case is also a paradigmatic “foreigncubed” case. The plaintiffs are all “past or
present residents of the People's Republic of China, or visitors to that country”,
SAC ¶ 1, the defendant is a Chinese citizen, id. ¶ 10, and the alleged violations
of international law that the defendant allegedly aided and abeted-torture,
arbitrary arrest and detention, crimes against humanity and violation of the
rights to life, liberty, security of persons and peaceful assembly and association
—all took place entirely abroad, in “Mainland China.” See id. ¶ 2. Under
Kiobel, the ATS does not confer jurisdiction over such exclusively
extraterritorial claims.
Does not touch ATS. Soley an ATA issue.
1) Second circuit Kiobel I means the court must dismiss the case because it is
brought against a corporation and 2) The facts of this case closely mirror those
of Kiobel.Here too, Plaintiffs are citizens of a foreign country, Nadra Bank is a
foreign corporation, and the tortious conduct at issue—arbitrary arrest and
detention—took place on foreign soil.
Court granted defendant's MTD because plaintiff failed to allege any facts None
constituting any claim agianst defendants
Court granted defendant's motion for summary judgment on the ATS claim
because even though it was a U.S. defendant "mere corporate presence" was
insufficient to displace the presumption against extraterritoriality.
Court denied defendant's petition for writ of mandamus beacause mandamus Not Yet
relief was not warranted, where corporations could obtain relief sought by
moving for judgment on the pleadings in district court, and putative appeal
under the collateral order doctrine would be held in abeyance
Since all maters in controversy had been resolved, the court dismissed with
prejudice the case
Court granted defendant's MTD because court lacked subject mater Court granted plaintiff's motion
jurisdiction in action alleging violation of ATS for default judgment against
defendants North Korea and Iran
under other causes of action and
denied motion for default
judgment against defendant CBI.
A special master has been
appointed.
Court recommended that plaintiff be awarded $5 million in compensatory Court adopted recommendantion
damages and $10 million in punitive damages that plaintiff be awarded $5
million in compensatory damages
and $10 million in punitive
damages. Kiobel didn't mater
because D failed to appear.
Judgment entered on 10/3/13.
Court denied defendants' MTDs because allegations were sufficient to establish Not Yet
jurisdiction under ATS, organization had individual standing, organization had
associational standing, allegations were sufficient to support claim that
defendant's actions were not protected under First Amendment, and MTD state
law claims
Court held would be denied
that complaint pending
should full discovery
be dismissed with prejudice because the ATS None
cannot confer subject-mater jurisdiction onto Plaintiff's claims because the
violations at issue all occurred outside the United States, and the Syrian civil
war does not “touch” or “concern” the United States in such a way that would
overcome the ATS's presumption against extraterritoriality,for lack of standing,
and because the plaintiff had filed multiple lawsuits.
Court held that complaint should be dismissed with prejudice based on Kiobel
and because it was filed outside the SOL and because he had field multiple
lawsuits.
Court held that complaint should be dismissed with prejudice because events None
took place in Nigeria. Also the P had field multiple other lawsuits, so this one
was frivolous.
1. Court had no subject mater jurisdiction because torts occurred abroad and 2. None
No personal jurisdiction because the D has no connection to New York.
Court held that complaint should be dismissed with prejudice for lack of
subject mater jurisdiction and lack of standing
Court granted plaintiff's motion to voluntarily dismiss the case on July 9, 2013.
Court held that complaint should be dismissed with prejudice because plaintiff
failed to rebut PAE
Court dismissed plaintiff's complaint becaues plaintiff failed to rebut PAE and
filed frivolous suits
Ps claims occurred outside the United States when he was in the UK and Spain.
Court dismissed case on remand from SCOTUS after Kiobel II.
Plaintiffs' ATS claims are barred because the ATS does not provide jurisdiction
over their claims, which involve tortious conduct occurring exclusively outside
the territory of the United States. As Kiobel suggested, if Congress were to
determine that the ATS should apply extraterritorially, a statute more specific
than the ATS would be required.
Court granted defendant's MTD because plaintiff was not an alien, the SOL had None
passed, and plaintiff failed to rebut PAE
Court granted defendant's motion to transfer venue and the court transferred
the case to Southern District of Florida. Docket No. 1:13-cv-22259-WJZ
Kiobel means P cannot bring suit under ATS against the officers because the
events took place outside the United States. Also he cannot sue Cameroon
under the ATS because it is a state and entitled to immunity.
Court held that complaint should be dismissed with prejudice because plaintiff None
failed to rebut PAE
Court denied plaintiff's motion for default judgment because ATS did not None
provide court with subject-mater jurisdiction because the acts occurred
exclusively outside the United States.
Court held that, as a mater of first impression, the bombing of the embassy Related to judgment in Mwani v.
“touched and concerned” the United States with sufficient force to displace the U.S.
presumption against extraterritorial application of the Alien Tort Statute (ATS),
as required for District Court to have subject mater jurisdiction over the action
P has filed dozens of lawsuits. They are frivolous. Also no violation of the law
of nations because there is no right to counsel in a civil proceeding.
Court granted MTD because it lacked subject mater jurisdiction under Kiobel, None
and the
Court claims defendant's
granted are barred by the statute
MTD becauseofplaintiff
limitations (ten
failed to years) and on
rebut PAE None
standing grounds. It was also FL because the P had filed the same lawsuit in
many different jurisdictions.
Plaintiffs make a prima facie showing of service, but defendant offers strong
and convincing evidence that overcomes that showing. The testimony and
corroborating documentary evidence presented by defendant establish that
defendant was not at Oak Creek High School on August 9, 2012, and that
plaintiffs' process server served Kalra instead of defendant.
Court granted plaintiff's motion to voluntarily dismiss the case after Kiobel
came down.
Court granted plaintiff's motion to voluntarily dismiss the case in light of
Kiobel. Unlikely case setled.
Court dismissed his ATS claims in December 2012. Upheld them here because
he had presented no new evidence or basis to overturn the decision.
Court granted various parties to file a brief as amini curiae. The case was
remanded to the United States Court of Appeals for the Ninth Circuit for
further consideration in light of Kiobel.
The Second Circuit's decision on corporate liability stands even though Kiobel
II was decided on other grounds. Also this violates the presumption against
extraterroriality because this is a "foreign cubed" case -- brought against foreign
corps for conduct abroad.
ATS claims were dismissed by court on 6/5/2013 in response to Kiobel. TVPA Setled
claims survived SJ and were allowed to proceed; Kiobel deemed not to affect
them. 1/29/14.
Denied MTD then, holding 2 allegations were sufficient to state claims for
violations of ATA provisions prohibiting providing material support or
resources to terrorists and financing terrorism;3 allegations were sufficient to
state claims for genocide and crimes against humanity; and4 allegations were
sufficient to state claims under ATS as violations of international law.
Almog v. Arab Bank, PLC, 471 F. Supp. 2d 257 (E.D.N.Y. 2007). In 2013 held
"Order granting defendant's motion to dismiss plaintiffs' ATS claims. The law
of this Circuit is that plaintiffs cannot bring claims against corporations under
the ATS. See Kiobel v. Royal Dutch Petroleum Co., 621 F.3d 111 (2d Cir. 2010),
aff'd, Kiobel v. Royal Dutch Petroleum Co., 133 S.Ct. 1659 (2013). A decision by
a panel of the Second Circuit "is binding unless and until it is overruled by the
Court en banc or by the Supreme Court." Baraket v. Holder, 632 F.3d 56, 59 (2d
Cir. 2011). Because the Supreme Court affirmed Kiobel I on other grounds, the
Second Circuit's holding on corporate liability under the ATS remains intact.
Nothing in the Supreme Court's affirmance undercuts the authority of the
Second Circuit's decision. Plaintiffs' request to reinstate their federal common
law claims or, in the alternative, assert non-federal common law claims is
denied. The federal common law claims were dismissed not only as redundant,
but also because Plaintiffs offered "no sound basis" for them. Almog v. Arab
Bank, PLC, 471 F. Supp. 2d 257 (E.D.N.Y. 2007). Plaintiffs also offer no sound
basis for repackaging these claims under unidentified "non-federal common
law" theories. The clerk is directed to enter judgment for defendant in Joseph
Jesner, et al. v. Arab Bank, PLC, 06-CV-3869; Yaffa Lev, et al. v. Arab Bank, PLC,
08-CV-3251; and Viktoria Agurenko, et al. v. Arab Bank, PLC, 10-CV-626.
Associated Cases: 1:04-cv-02799-BMC-VVP et al. Ordered by Judge Brian M.
Cogan on 8/23/2013. (Weisberg, Peggy) (Entered: 08/23/2013)
Others Violation of? Lawyer Contact
Information
Financing
terrorism; crimes
Judge recused himself. against humanity;
Awaiting transfer to another extrajudicial
judge. killings
Extrajudicial
killing; torture
Torture; cuel,
inhuman, and
degrading
Brought by Paul Hoffman treatment; human
and the ACLU of Washington experimentation;
state war crimes
Ps dropped ATS claims at this Torture,
point. THE OPINION IS BY kidnapping,
A MAGISTRATE JUDGE. As extrajudicial
of October 21, 2015 no killing
objections had been filed. I'm
counting it as Y then.
No actiivty on docket as of
May 28, 2015. When I
atempted update docket, it
said courier service was
required. I called chambers
and they said that the docket
as I saw it was current. I Involuntary
wonder if it has been servitude; human
consolidated with Ladras? trafficking
Extrajudicial
killings
Terrorism
Due process
See other dismissal of
Latchford.
Torture,
kidnapping,
extrajudicial
killing
terrorism
terrorism
Ultimately, Ps voluntarily
dismissed claims after court
vacated the writ of
garnishment
torture
torture, genocide
On interlocutory appeal. Oral extrajudicial
argument held in June 2015. killings
Docket active. 14-15128. No
developments as of 11/4/2015.
Kidnapping,
unlawful
detention, torture
POSSIBLE SETTLEMENT?
Extrajudicial
killings
war crimes,
extrajudicial
killings and
crimines against
humanity
Child custody
Terrorism
Apatheid
Due process
Terrorism
Arbitrary
detention, torture,
cruel inhuman and
degrading
treatment
Torture, Genocide,
Extrajudicial
killing, Arbitrary
arrest and
imprisonment,
and violation of
freedom of
thought,
conscience, and
religion
War crimes,
extrajudicial
killings
War crimes,
Extrajudicial
killings
Torture, arbitrary
detention
Due process
Rape, torture
Kidnapping,
torture
Wang Xiaoning v. Joint stipulatifor a 2007 U.S. Dist. No. C 07-2151 CW 9th Cir. Y ATS
Yahoo! dismissal was filed LEXIS 97566
in Nov. 2007.
Kiobel v. Royal 4/17/2013 133 S.Ct. 1659 No. 10–1491 2d Cir. Y ATS
Dutch Petroleum
Co.
In re Terrorist 4/16/2013 714 F.3d 109 Nos. 11–3294– 2d Cir. N ATS, TVPA
Atacks on cv(L), 11–3407–cv,
September 11, 2001 11–3490–cv, 11–
3494–cv, 11–3495–
cv, 11–3496–cv,
11–3500–cv, 11–
3501–cv, 11–3502–
cv, 11–3503–cv,
11–3505–cv, 11–
3506–cv, 11–3507–
cv, 11–3508–cv,
11–3509–cv, 11–
3510–cv, 11–3511–
cv, 12–949–cv, 12–
1457–cv, 12–1458–
cv, 12–1459–cv.
In re Terrorist 4/16/2013 714 F.3d 659 Not Yet 2d Cir. R ATS, TVPA
Atacks on
September 11, 2001
In re Terrorist 4/16/2013 714 F.3d 118 Nos. 11–3294– 2d Cir. Y ATS, TVPA
Atacks on cv(L), 11–3407–cv,
September 11, 2001 11–3490–cv, 11–
3494–cv, 11–3495–
cv, 11–3496–cv,
11–3500–cv, 11–
3501–cv, 11–3502–
Goldberg-Botvin 4/4/2013 938 F.Supp.2d 1 cv, 11–3503–cv, N
v. Islamic Republic 11–3505–cv, 11–
of Iran 3506–cv, 11–3507–
cv, 11–3508–cv,
11–3509–cv, 11–
3510–cv, 11–3511–
cv, 12–949–cv, 12–
1457–cv, 12–1458–
cv, 12–1459–cv.
Jean-Charles v. 3/31/2013 937 F.Supp.2d 276 No. 3:11–CV–614 2d Cir. Y ATS
Perlit (RNC)
Smith v. Rosati 2/20/2013 2013 WL 1500422 Civil Action No. 2d Cir. PS TVPA
9:10–CV–1502
(DNH/DEP)
Doe v. Neveleff 2/8/2013 2013 WL 489442 No. A–11–CV– 5th Cir. Y ATS
907–LY
Celikgogus v. 2/1/2013 920 F.Supp.2d 53 Civil Nos. 06–1996 DC Cir. R ATS
Rumsfeld (RCL), 08–
1677(RCL)
Garcia v. Sebelius 1/29/2013 919 F.Supp.2d 43 Civil Action No. DC Cir. Y ATS
11–527 (RBW)
Fotso v. Republic 1/25/2013 2013 WL 664158 No. 6:12–cv–1415– 9th Cir. Y ATS
of Cameroon TC
Linde v. Arab 1/18/2013 706 F.3d 92 Docket Nos. 10– 2d Cir. R ATS
Bank, PLC 4519–cv(L), 10–
4524–cv(CON)
Best Medical 12/20/2012 913 F.Supp.2d 230 Case No. 1:12–cv– 4th Cir. Y ATS
Belgium, Inc. v. 471 (GBL/TRJ)
Kingdom of
Belgium
Cong v. 12/11/2012 12-01976 5th Cir. OL ATS
Conocophillips
Co.
Garcia v. 11/28/2012 911 F.Supp.2d Case No. 12– 11th Cir. R ATS, TVPA
Chapman 1222 21891–CIV
Guzman-Martinez 11/26/2012 2012 WL 5907081 No. CV–11–02390– 9th Cir. Y ATS
v. Corrections PHX–NVW
Corp. of America
Karboau v. City of 11/20/2012 498 Fed.Appx. 747 No. 11–35987 9th Cir. PS ATS
Portland
Diaz v. Grupo 11/7/2012 487 Fed.Appx. 366 No. 11–15848 9th Cir. Y ATS
Mexico Inc.
Carpenter v. 11/5/2012 487 Fed.Appx. 669 No. 11–2829–cv 2d Cir. Y TVPA
Minister of Justice
Yousuf v. 11/2/2012 699 F.3d 763 No. 11–1479 4th Cir. Y ATS, TVPA
Samantar
Magnifico v. 11/2/2012 2012 WL 5395026 No. 10–CV–80771 11th Cir. Y ATS, TVPA
Villanueva
Aldana v. Del 10/30/2012 2012 WL 5364241 No. 01–3399–CIV 11th Cir. Y ATS, TVPA
Monte Fresh
Produce N.A., Inc.
Habyarimana v. 10/10/2012 696 F.3d 1029 No. 11–6315 10th Cir. Y ATS, TVPA
Kagame
Abecassis v. Wyat 9/30/2012 902 F.Supp.2d 881 Civil Action No. 5th Cir. Y ATS, TVPA
H–09–3884
Sikhs for Justice v. 9/21/2012 893 F.Supp.2d 598 No. 10 Civ. 2940 2d Cir. R ATS, TVPA
Nath
Baloco v. 9/12/2012 2012 WL 4009432 No. 7:09–CV– 11th Cir. R ATS, TVPA
Drummond Co., 00557–RDP
Inc.
Schulze v. Ratley 9/11/2012 2012 WL 3964984 C/A No. 6:11–941– 4th Cir. PS ATS
JFA–KFM
Devi v. Rajapaksa 9/4/2012 2012 WL 3866495 No. 11 Civ. 2d Cir. R ATS, TVPA
6634(NRB)
Yousuf v. 8/28/2012 2012 WL 3730617 No. 1:04cv1360 4th Cir. R ATS, TVPA
Samantar (LMB/JFA)
Abelesz v. Erste 8/22/2012 695 F.3d 655 Nos. 11–2940, 11– 7th Cir. R ATS
Group Bank AG 2946
Weisskopf v. 8/22/2012 889 F.Supp.2d 912 Civil Action No. 5th Cir. Y ATS, TVPA
United Jewish H–12–130
Appeal-Federation
of Jewish
Philanthropies of
New York, Inc.
Abelesz v. OTP 8/22/2012 692 F.3d 638 Nos. 11–2353, 11– 7th Cir. Y ATS
Bank 2386, 11–2875, 11–
3247, 11–3249
Abelesz v. Magyar 8/22/2012 692 F.3d 661 Nos. 11–2387, 11– 7th Cir. R
Nemzeti Bank 2791
Tawfik v. al-Sabah 8/16/2012 2012 WL 3542209 No. 11 Civ. 2d Cir. Y ATS, TVPA
6455(ALC)(JCF)
Doe v. Ejercito De 8/2/2012 2012 WL 10713165 No. 10–CV–21517. 11th Cir. Y ATS
Liberacion
Nacional
Velez v. Sanchez 7/31/2012 693 F.3d 308 Docket No. 11–90– 2d Cir. Y ATS
cv
Cruz-Salazar v. 7/31/2012 2012 WL 3112406 No. 4:12 CV 0917 6th Cir. PS ATS
Pugh
Marte v. Pugh 7/30/2012 2012 WL 3075894 No. 4:12 CV 0922 6th Cir. PS ATS
Graziani v. Pugh 7/9/2012 2012 WL 2711501 No. 4:12 CV 647 6th Cir. PS ATS
Licea v. Curacao 6/25/2012 870 F.Supp.2d N
Drydock Co., Inc. 1360
Giraldo v. 6/20/2012 2012 WL 2358306 No.: 2:09–CV– 11th Cir. R ATS, TVPA
Drummond Co., 1041–RDP
Inc.
Garcia v. Sebelius 6/13/2012 867 F.Supp.2d 125 Civil Action No. DC Cir. R ATS
11–527 (RBW)
U.S. v. Dire 5/23/2012 680 F.3d 446 N
Aranda-Tercero v. 5/17/2012 484 Fed.Appx. 210 No. 12–2034 10th Cir. PS ATS, TVPA
Comisario
Al Shimari v. 5/11/2012 679 F.3d 205 Nos. 09–1335, 10– 4th Cir. R ATS
CACI Intern., Inc. 1891, 10–1921
Mohamad v. 4/18/2012 132 S.Ct. 1702 No. 11–88 DC Cir. Y ATS, TVPA
Palestinian
Authority
S.K. Innovation, 4/16/2012 854 F.Supp.2d 99 Civil Action No. DC Cir. Y ATS
Inc. v. Finpol 10–138 (JEB)
Institute of 3/19/2012 860 F.Supp.2d Case No. C11– 9th Cir. R ATS
Cetacean Research 1216 2043RAJ
v. Sea Shepherd
Conservation Soc.
Ajami v. Beebe 3/14/2012 2012 WL 870853 No. 2:11–cv–824 6th Cir. PS ATS
Manoharan v. 2/29/2012 845 F.Supp.2d 260 Civil Action No. DC Cir. R TVPA
Rajapaksa 11–235 (CKK)
Devi v. Silva 2/8/2012 861 F.Supp.2d 135 No. 11 Civ. 6675 2d Cir. Y ATS, TVPA
(JPO)
Hamad v. Gates 12/8/2011 2011 WL 6130413, No. C10–591 MJP 9th Cir. Y ATS
Dacer v. Estrada 12/7/2011 2011 WL 6099381 No. C 10–04165 9th Cir. R ATS, TVPA
WHA
Ajaj v. Federal 12/6/2011 838 F.Supp.2d Civil Action No. 10th Cir. N ATS
Bureau of Prisons 1108 08–cv–02006–RBJ–
MJW
Machie v. Nguyen 11/15/2011 824 F.Supp.2d 146 Civil Action No. DC Cir. PS TVPA
11–552 (GK)
Ivanovic v. 11/9/2011 2011 WL 5508824 No. 11–80726–Civ 11th Cir. PS TVPA
Overseas
Management Co.
Doe v. Bin Laden 11/7/2011 663 F.3d 64 2d Cir. N
Orkin v. Swiss 10/12/2011 444 Fed.Appx. 469 No. 11–1414–cv 2d Cir. Y ATS
Confederation
Al Shimari v. 9/21/2011 658 F.3d 413 No. 09–1335 4th Cir. R ATS
CACI Intern., Inc.
Aziz v. Alcolac, 9/19/2011 658 F.3d 388 No. 10–1908. 4th Cir. Y ATS, TVPA
Inc.
Mamani v. Berzain 8/29/2011 654 F.3d 1148 Nos. 09–16246, 10– 11th Cir. R ATS
13071
Wassouf v. U.S. 8/16/2011 2011 WL 3654393 C.A. No. 11– 1st Cir. PS ATS
Dept. of 10555–JLT
Homeland Sec.
Estate of Doe v. 8/16/2011 808 F.Supp.2d 1 Civil Action No. N
Islamic Republic 08–540 (JDB)
of Iran
Hernandez v. U.S. 8/11/2011 802 F.Supp.2d 834 No. EP–11–CV– 5th Cir. R ATS
027–DB
Flomo v. Firestone 7/11/2011 643 F.3d 1013 No. 10–3675 7th Cir. Y ATS
Nat. Rubber Co.,
LLC
Doe v. Exxon 7/8/2011 654 F.3d 11 Nos. 09–7125, 09– DC Cir. R ATS, TVPA
Mobil Corp. 7127, 09–7134, 09–
7135
Saleh v. U.S. 7/8/2011 2011 WL 2682728 Civil Action No. 10th Cir. PS ATS, TVPA
09–cv–02563–PAB–
KLM
Ali v. Rumsfeld 6/21/2011 649 F.3d 762 Nos. 07–5178, 07– DC Cir. Y ATS
5185, 07–5186, 07–
5187
Barclays Capital 6/20/2011 650 F.3d 876 N
Inc. v.
Theflyonthewall.c
om, Inc.
Ali Shafi v. 6/14/2011 642 F.3d 1088 No. 10–7024 DC Cir. Y ATS
Palestinian
Authority
Kaplan v. Al 6/7/2011 2011 WL 2314783 No. 10 Civ. 5298 2d Cir. Y ATS
Jazeera
In re Chiquita 6/3/2011 792 F.Supp.2d Case No. 08– 11th Cir. R ATS
Brands Intern., 1301 01916–MD
Inc. Alien Tort
Statute and
Shareholder
Derivative
Litigation
Licea v. Curacao 5/27/2011 794 F.Supp.2d Case No. 06– 11th Cir. R ATS
Drydock Co., Inc. 1299 22128–CIV
Baloco ex rel. 5/20/2011 640 F.3d 1338 No. 09–16216 11th Cir. R ATS, TVPA
Tapia v.
Drummond Co.,
Inc.
Haim v. Islamic 5/19/2011 784 F.Supp.2d 1 N
Republic of Iran
Bauman v. 5/18/2011 644 F.3d 909 No. 07–15386 9th Cir. R ATS, TVPA
DaimlerChrysler
Corp.
Holocaust Victims 5/18/2011 807 F.Supp.2d 689 No. 10 C 1884 7th Cir. R ATS
of Bank Theft v.
Magyar Nemzeti
Bank
Swarna v. Al- 5/12/2011 2011 WL 1873356 No. 06 Civ. 2d Cir. R ATS
Awadi 4880(PKC)
Gi Lifang Che v. 5/10/2011 10-07964 2d Cir. Y ATS, TVPA
Shanghai Mun.
Branch Comm. of
Chinese
Communist Party
Liu Bo Shan v. 5/5/2011 421 Fed.Appx. 89 No. 10–2992–cv 2d Cir. Y ATS, TVPA
China Const. Bank
Corp.
Magnifico v. 4/27/2011 783 F.Supp.2d Case No. 10–CV– 11th Cir. R ATS
Villanueva 1217 80771
Tobar v. U.S. 4/21/2011 639 F.3d 1191 N
Zapolski v. 4/14/2011 425 Fed.Appx. 5. No. 10–2018–cv 11th Cir. PS ATS, TVPA
Federal Republic
of Germany
M.C. v. Bianchi 3/25/2011 782 F.Supp.2d 127 Civil Action Nos. 3d Cir. Y ATS
09–3240, 09–3241,
09–3243, 09–3247
Ellul v. 3/23/2011 2011 WL 1085325 No. 09 Civ. 2d Cir. R ATS
Congregation of 10590(PAC)
Christian Bros.
Mohamad v. 3/18/2011 634 F.3d 604 Nos. 09–7109, 09– DC Cir. Y ATS, TVPA
Rajoub 7158
Alperin v. 3/17/2011 423 Fed.Appx. 678 No. 09–17761 9th Cir. Y ATS
Franciscan Order
Orkin v. Swiss 3/11/2011 770 F.Supp.2d 612 No. 09 Civ. 10013 2d Cir. R ATS
Confederation LAK
Ajaj v. Federal 3/10/2011 2011 WL 902440 Civil Action No. 10th Cir. N ATS
Bureau of Prisons 08–cv–02006–
MSK–MJW
Sai v. Clinton 3/9/2011 778 F.Supp.2d 1 Civil Action No. DC Cir. PS ATS
10–899 (CKK)
Saleh v. U.S. 3/8/2011 2011 WL 2682803 Civil Action No. 10th Cir. R ATS, TVPA
09–cv–02563–PAB–
KLM
Baloco v. 2/3/2011 631 F.3d 1350 No. 09–16216 11th Cir. R ATS, TVPA
Drummond Co.,
Inc.
Licea v. Curacao 1/31/2011 2011 WL 2118731 No. 06–22128–CIV 11th Cir. R ATS
Drydock Co., Inc.
In re Motors 1/28/2011 447 B.R. 150 No. 09– 2d Cir. Y ATS
Liquidation Co. 50026(REG)
Weber v. U.S. 1/11/2011 2011 WL 96515 Civil Action No. DC Cir. PS ATS
11–0061
Herrera v. Toth 1/6/2011 412 Fed.Appx. 440 No. 08–4167 3d Cir. PS ATS
Zhao v. Unknown 1/4/2011 407 Fed.Appx. 785 No. 10–20117 5th Cir. PS ATS, TVPA
CIA Officer
Swarna v. Al-
awadi et al 12/22/2010 09-2525-cv 2d Cir. R ATS
Prince Hotel, SA v. 12/16/2010 2010 WL 5279975 Civil Action No. 11th Cir. R ATS
Blake Marine 10–0424–WS–M
Group
Manly v. Illinois 12/14/2010 2010 WL 5157970 No. 09 C 7298 7th Cir. PS ATS
Dept. of
Healthcare and
Family Services
Velez v. Sanchez 11/30/2010 754 F.Supp.2d 488 Case No. 04–CV– 2d Cir. R ATS
4797 (FB)(CLP)
Prince Hotel, SA v. 11/8/2010 2010 WL 4636631 Civil Action No. 11th Cir. R ATS
Blake Marine 10–0424–WS–M
Group
Guzman v. Wells 10/26/2010 2010 WL 4941485 No. CV 310–066 11th Cir. PS ATS
Flomo v. Firestone 10/19/2010 2010 WL 4174583 No. 1:06–cv– 7th Cir. R ATS
Natural Rubber 00627–JMS–TAB
Co.
Kalasho v. 10/14/2010 2010 WL 4062212 Civil Action No. 6th Cir. PS TVPA
Republic of Iraq 06–11030
Bleiser v. 10/7/2010 2010 WL 3947524 No. 08 C 6254 7th Cir. Y ATS
Bundersrepublik
Deutschland
Flomo v. Firestone 10/5/2010 744 F.Supp.2d 810 No. 1:06–cv– 7th Cir. R ATS
Natural Rubber 00627–JMS–TAB
Co.
Viera v. Eli Lilly 9/30/2010 2010 WL 3893791 No. 1:09–cv–0495– 7th Cir. Y ATS
and Co. RLY–DML
Swarna v. Al- 9/24/2010 622 F.3d 123 Docket Nos. 09– 2d Cir. R ATS
Awadi 2525–cv (L), 09–
3615–cv (XAP)
Matias v. Taylors 9/24/2010 2010 WL 3825402 Civil Action No. 5th Cir. Y ATS
Intern. Services, 09–3256
Inc.
Ochoa Lizarbe v. 9/22/2010 402 Fed.Appx. 834 09-01376; 4th Cir. OL ATS, TVPA
Rivera Rondon 8:07-cv-01809
Kiobel v. Royal 9/17/2010 621 F.3d 111 Docket Nos. 06– 2d Cir. R ATS
Dutch Petroleum 4800–cv, 06–4876–
Co. cv
Hassen v. Nahyan 9/17/2010 2010 WL 9538408 No. CV 09–01106 9th Cir. Y TVPA
DMG (MANx)
Arias v. Dyncorp 9/15/2010 738 F.Supp.2d 46 Civil Action Nos. DC Cir. R ATS
01–1908 (RWR),
07–1042(RWR)
In re Terrorists 9/13/2010 740 F.Supp.2d 494 No. 03 MDL 1570 2d Cir. R ATS, TVPA
Atacks on (GBD)
September 11, 2001
Bowoto v. 9/10/2010 621 F.3d 1116 No. 09–15641 9th Cir. Y ATS, TVPA
Chevron Corp.
Mohamed v. 9/8/2010 614 F.3d 1070 No. 08–15693 9th Cir. Y ATS
Jeppesen
Dataplan, Inc.
McPherson v. U.S. 9/2/2010 392 Fed.Appx. 938 No. 08-3757 3d Cir. PS ATS
Bigio v. Coca-Cola 8/23/2010 2010 WL 3377503 No. 97 Civ. 2d Cir. Y LON
Co. 2858(BSJ)
Estate of Manook 8/12/2010 759 F.Supp.2d 674 Nos. 5:10–CV–72– 4th Cir. Y ATS, TVPA
v. Research D, 5:10–CV–73–D
Triangle Institute,
Intern.
Asemani v. 8/3/2010 389 Fed.Appx. 224 No. 10-6634 4th Cir. R ATS, TVPA
Ahmadinejad
Al-Quraishi v. 7/29/2010 728 F.Supp.2d 702 Civil No. PJM 08– 4th Cir. SET ATS
Nakhla 1696
Estate of Amergi 7/27/2010 611 F.3d 1350 No. 09–13618 11th Cir. Y ATS
ex rel. Amergi v.
Palestinian
Authority
Carpenter v. 6/28/2010 610 F.3d 776 Docket No. 09– 2d Cir. R TVPA
Republic of Chile 3743–cv
Shan v. China 6/28/2010 2010 WL 2595095 No. 09 Civ. 2d Cir. R ATS, TVPA
Const. Bank Corp. 8566(DLC)
In re Terrorist 6/17/2010 718 F.Supp.2d 456 No. 03 MDL 2d Cir. R ATS, TVPA
Atacks on 1570(GBD)
September 11, 2001
Nabulsi v. Bin 6/17/2010 383 F. App'x 380 No. 09-20459 5th Cir. Y TVPA
Zayed Al
Alonso v. State of 6/11/2010 2010 WL 2426003 No. 1:10–CV–0920 10th Cir. PS ATS
Utah TS
El-Shifa 6/8/2010 607 F.3d 836 No. 07–5174 DC Cir. Y ATS
Pharmaceutical
Industries Co. v.
U.S.
Morgan v. U.S. 6/1/2010 2010 WL 3604420 No. 4:10cv120– 11th Cir. PS ATS
SPM/WCS
Samantar v. 6/1/2010 130 S.Ct. 2278 No. 08–1555 SC R ATS, TVPA
Yousuf
Litlejohn v. 5/5/2010 2010 WL 2104229 C/A No. 7:10– 4th Cir. PS ATS
Qaddifi 1122–RBH–WMC
Zapolski v. 5/4/2010 2010 WL 1816327 No. 09 Civ. 2d Cir. PS ATS, TVPA
Federal Republic 1503(BMC)
of Germany
Doe v. Drummond 4/30/2010 2010 WL 9450019 No. 2:09–CV– 11th Cir. R ATS, TVPA
Co., Inc. 01041–RDP
Asemani v. 4/20/2010 2010 WL 1609787 Civil Action No. 4th Cir. PS ATS, TVPA
Ahmadinejad RDB–10–874
Diaz v. U.S. 4/16/2010 373 Fed.Appx. 947 No. 09-13855 11th Cir. PS ATS
Serra v. Lappin 4/9/2010 600 F.3d 1191 No. 08–15969 9th Cir. FL ATS
Jackson v. Swift 4/9/2010 2010 WL 1439939 No. 3:08–0743 6th Cir. PS TVPA
Transport Co.
Valencia v. Islamic 3/31/2010 774 F.Supp.2d 1 No. 08–cv–533 N
Republic of Iran (RCL)
Abecassis v. Wyat 3/31/2010 704 F.Supp.2d 623 Civil Action No. 5th Cir. R ATS, TVPA
H–09–3884
Velga v. World 3/3/2010 368 Fed.Appx. 189 No. 08-3999-cv 2d Cir. Y ATS
Meteorological
Organisation
Adhikari v. Daoud 3/1/2010 2010 WL 744237 Civil Action No. 5th Cir. R ATS
& Partners 09–cv–1237
Certain 1/6/2010 677 F.Supp.2d 270 Civil Action Nos. DC Cir. N ATS
Underwriters at 06–731 (GK), 08–
Lloyds London v. 504 (GK).
Great Socialist
People's Libyan
Arab Jamahiriya
Zhao v. Unknown 1/6/2010 2010 WL 97798 Civil Action No. 5th Cir. PS ATS, TVPA
CIA Officer H–09–1963
Sobitan v. Glud 12/9/2009 589 F.3d 379 No. 07-3119 7th Cir. Y ATS
Doe v. Constant 12/1/2009 354 Fed.Appx. 543 No. 08–4827–cv 2d Cir. Y ATS, TVPA
Abecassis v. Wyat 11/19/2009 669 F.Supp.2d 130 Civil Action No. DC Cir. R ATS, TVPA
09–00001 (HHK)
Baloco v. 11/9/2009 2009 WL 8639690 No. 7:09–CV– 11th Cir. R ATS, TVPA
Drummond Co., 00557–RDP
Inc.
Doe v. Drummond 11/9/2009 2009 WL 9056091 No. 7:09–CV– 11th Cir. R
Co., Inc. 01041–RDP
Adhikari v. Daoud 11/3/2009 697 F.Supp.2d 674 Civil Action No. 5th Cir. R ATS
& Partners 09–cv–1237
Arar v. Ashcroft 11/2/2009 585 F.3d 559 Docket No. 06– 2d Cir. Y TVPA
4216–cv
Estate of Husein v. 10/22/2009 2009 WL 8726450 No. 1:09cv1048 4th Cir. R ATS
Prince
In re XE Services 10/21/2009 665 F.Supp.2d 569 Nos. 1:09cv615, 4th Cir. Y ATS
Alien Tort 1:09cv616,
Litigation 1:09cv617,
1:09cv618,
1:09cv645
Brewer v.Islamic 10/15/2009 664 F.Supp.2d 43 N
Republic of Iran
Hatersley v. 10/14/2009 2009 WL 3319960 N
Hsinchu City
Police Dept.
Arraz-Saenz v. 9/29/2009 2009 WL 3162258 Civil Action No. 10th Cir. PS ATS
State of Colorado 07–cv–02046–PAB–
BNB
Mohamad v. 9/20/2009 664 F.Supp.2d 20 Civil Case No. 08– DC Cir. R ATS, TVPA
Rajoub 1800 (RJL)
Estate of Sa'adoon 9/18/2009 660 F.Supp.2d 723 Case No. 4th Cir. Y ATS
v. Prince 1:09cv615
Saleh v. Titan 9/11/2009 580 F.3d 1 Nos. 08-7008, 08- DC Cir. Y ATS
Corp. 7009
Clay v. Michigan 8/31/2009 2009 WL 2849572 No. 09–12509 6th Cir. PS ATS
Bauman v. 8/28/2009 579 F.3d 1088 No. 07–15386 9th Cir. R
DaimlerChrysler
Corp.
Sarei v. Rio Tinto, 7/31/2009 650 F.Supp.2d Case No. CV 00– 9th Cir. R ATS
PLC 1004 11695 MMM
(MANx)
Turedi v. Coca- 7/7/2009 343 Fed.Appx. 623 No. 06–5464–cv 2d Cir. Y ATS, TVPA
Cola Co.
In re South African 6/25/2009 633 F.Supp.2d 117 No. 02 MDL 1499 2d Cir. R
Apartheid (SAS)
Litigation
In re South African 6/22/2009 643 F.Supp.2d 423 Nos. 02 MDL 1499 2d Cir. R
Apartheid (SAS), 03 Civ. 4524
Litigation (SAS)
Mainawal Rahman 6/21/2009 1:08-cv-01064 4th Cir. N ATS
Building &
Construction Co.,
Ltd. et al v.
Dyncorp
International, LLC
Rojas Mamani v. 6/19/2009 636 F.Supp.2d Nos. 07–22459– 11th Cir. R ATS, TVPA
Sanchez Berain 1326 CIV–JORDAN, 08–
21063–CIV–
JORDAN
Wiwa v.
Royal Dutch
Petroleum 1:96-CV-
Co. 6/16/2009 08386 Y ATS
Nabulsi v. Nahyan 6/12/2009 2009 WL 1658017 Civil Action No. 5th Cir. Y TVPA
H–06–2683
Wiwa v. Shell 6/3/2009 335 Fed.Appx. 81 No. 08–1803–cv 2d Cir. R ATS
Petroleum
Development Co.
of Nigeria Ltd.
Garcia v. Benov 5/15/2009 715 F.Supp.2d 974 N
Jesner v. Arab 5/1/2009 2009 WL 4663865 No. 06–CV–3869 2d Cir. R ATS
Bank, PLC (NG)(VVP)
Mohamed v. 4/28/2009 563 F.3d 992 No. 08-15693 9th Cir. R ATS
Jeppesen
Dataplan, Inc.
Estate of Abtan v. 4/27/2009 611 F.Supp.2d 1 Civil Action Nos. DC Cir. R ATS
Blackwater Lodge 07–1831 (RBW),
and Training 07–2273(RBW)
Center
Lopez v. Wallace 4/24/2009 325 Fed.Appx. 782 No. 08-15307 11th Cir. PS ATS
Rasul v. Myers 4/24/2009 563 F.3d 527 Nos. 06-5209, 06- DC Cir. Y ATS
5222
Wiwa v. Shell 4/23/2009 626 F.Supp.2d 377 Nos. 96 Civ. 8386 2d Cir. R
Petroleum (KMW) (HBP), 01
Development Co. Civ. 1909 (KMW)
(HBP)
Matar v. Dichter 4/16/2009 563 F.3d 9 Docket No. 07– 2d Cir. Y ATS, TVPA
2579–cv
Bush v. Klein 4/14/2009 2009 WL 1026022 No. C 08–1354 JF 9th Cir. PS ATS, TVPA
(RS)
Cohen v. Clemens 4/7/2009 321 Fed.Appx. 739 No. 08–1394 10th Cir. PS ATS
Litle v. Arab Bank, 4/3/2009 611 F.Supp.2d 233 Nos. 04 CV 5449 2d Cir. R ATS
PLC (NG)(VVP), 04 CV
5564 (NG)(VVP),
Swarna v. Al- 3/20/2009 607 F.Supp.2d 509 05
No.CV
06 388
Civ.(NG)
4880 2d Cir. Y ATS
Awadi (VVP),
(PKC) 05 CV 3183
(NG)(VVP), 05 CV
3738 (NG)(VVP),
06 CV 1623 (NG)
(VVP), 06 CV 3869
(NG)(VVP)
Al Shimari v. 3/19/2009 657 F.Supp.2d 700 No. 1:08cv827 4th Cir. R ATS
CACI Premier (GBL)
Technology, Inc.
Chavez v. 3/17/2009 559 F.3d 486 No. 06–6234 6th Cir. R ATS, TVPA
Carranza
Lizarbe v. Rondon 2/26/2009 642 F.Supp.2d 473 Civil No. PJM 07– 4th Cir. R
1809
Chowdhury v. 12/5/2008 588 F.Supp.2d 375 No. 08 Civ. 2d Cir. R ATS, TVPA
WorldTel 1659(BMC)
Bangladesh
Holding, Ltd.
Brown v. Gropper 10/30/2008 2008 WL 4809924 Action No. 3:08- 4th Cir. PS ATS
CV-278
Allen v. Ortiz 10/29/2008 2008 WL 4829854 Civil Action No. 10th Cir. R
07–cv–00137–
ZLW–BNB
Brown v. U.S. 10/28/2008 2008 WL 4813083 No. 07 C 3015 7th Cir. PS ATS
Bureau of
Immigration and
Customs
Enforcement Dept.
Park v. Korean 10/24/2008 2008 WL 4724374 No. 07-2233 7th Cir. Y ATS
Broadcasting
System
Jeremiah v. 10/22/2008 297 Fed.Appx. 854 No. 08-13310 11th Cir. Y ATS
Burnete
Cohen v. Clemens 10/1/2008 2008 WL 4533944 Civil Action No. 10th Cir. R ATS
08–CV–01991–
BNB
Abagninin v. 9/24/2008 545 F.3d 733 No. 07-56326 9th Cir. Y ATS
AMVAC Chemical
Corp.
Tobar v. U.S. 9/19/2008 2008 WL 4350539 No. 07cv817 WQH 9th Cir. Y ATS
(WMc)
Doe v. Exxon 8/27/2008 573 F.Supp.2d 16 Civil Action No. DC Cir. R ATS, TVPA
Mobil Corp. 01–1357 (LFO)
Sewraz v. Guice 8/26/2008 2008 WL 3926443 Civil Action No. 4th Cir. ps ATS
3:08cv35
Al-Taee v. L-3
Servs., Inc. 8/11/2008 08-12790 6th Cir. Y ATS
Erby v. Pfizer 8/8/2008 2008 WL 3318730 N
Pharmaceutical
Co.
Weixum v. Xilai 8/1/2008 568 F.Supp.2d 35
No. 1:06-cv-0627-
DFH-JMS 7th Cir. R
Fayoade v. Sprate 7/7/2008 284 Fed.Appx. 345
N
Arar v. Ashcroft 6/30/2008 532 F.3d 157
N
Bowoto v. 5/30/2008 557 F.Supp.2d
Chevron Corp. 1080
CIVIL ACTION
NO. 3-07-cv-193
(JCH) 2d Cir. Y ATS
Gandara v. 5/22/2008 528 F.3d 823
Bennet
No. 06–16088 11th Cir. Y ATS
Nabulsi v. Nahyan 4/29/2008 2008 WL 1924235
No. 06 Civ.
6868(DC) 2d Cir.; 4th Cir. OL ATS, TVPA
Harbury v. 4/15/2008 522 F.3d 413
Hayden
DC Cir. N
Serra v. Lappin 4/3/2008 2008 WL 929525
No. 06 Civ.
6868(DC) 2d Cir. R
Leka v. U.S. 3/10/2008 2008 WL 686797
No. 06-cv-1484
(GLS-RFT) 2d Cir. PS ATS
Lizarbe v. Hurtado 3/4/2008 2008 U.S. Dist.
LEXIS 109517
CASE NO. 07-
21783-CIV-
JORDAN 11th Cir. Y ATS, TVPA
Bank Julius Baer & 2/29/2008 535 F.Supp.2d 980
Co. Ltd v.
Wikileaks
N
Ben-Rafael v. 2/25/2008 540 F.Supp.2d 39
Islamic Republic
of Iran
N
Lopez v. Wallace 2/25/2008 325 Fed.Appx. 782
No. C-99-04941
MMC 9th Cir. R ATS
Belhas v. Ya'alon 2/15/2008 515 F.3d 1279
No. CV 07–1551–
PHX–SMM (JRI) 9th Cir. PS ATS
Abiola v. 1/15/2008 2008 U.S. Dist.
Abubakar LEXIS 2937
Villeda Aldana v. 10/16/2007 2007 WL 3054986, No. 01-3399-CIV 11th Cir. R ATS/TVPA
Fresh Del Monte *5, S.D.Fla.
Produce, Inc.
Khulumani v. 10/12/2007 504 F.3d 254, 256+, Docket Nos. 05– 2d Cir. R ATS/TVPA
Barclay Nat. Bank 2nd Cir.(N.Y.) 2141–cv, 05–2326–
Ltd. cv
Nabulsi v. H.H. 10/09/2007 2007 WL 2964817, Civil Action No. 5th Cir. R TVPA
Sheikh Issa Bin *1+, S.D.Tex. H-06-2683
Zayed Al Nahyan
Nikbin v. Islamic 09/28/2007 517 F.Supp.2d 416, D.C. Cir. N
Republic of Iran 416+, D.D.C.
Ruiz v. Federal 09/28/2007 2007 WL 2978332, No. EP-07-CV-079- 5th Cir. PS ATS
Government of *2+, W.D.Tex. PRM
Mexican Republic
Czetwertynski v. 09/26/2007 514 F.Supp.2d 592, No. 06 Civ. 2d Cir. Y ATS
U.S. 592+, S.D.N.Y. 4331(CM)
Fayoade v. Cline 09/11/2007 2007 WL 2740644, No. 06 C 4818. 7th Cir. PS ATS
*2, N.D.Ill.
Mother Doe I v. Al 07/30/2007 632 F.Supp.2d Case No. 06– 11th Cir. R ATS
Maktoum 1130, 1131+, 22253–CIV
S.D.Fla.
Rux v. Republic of 07/25/2007 495 F.Supp.2d 541, 4th Cir. N
Sudan 555+, E.D.Va.
Ganguly v. Swiss 07/20/2007 229 Fed.Appx. 51, 2d Cir. N
American 52, 2nd Cir.(N.Y.)
Securities, Inc.
Nabulsi v. H.H. 07/19/2007 2007 WL 2126542, Civil Action No. 5th Cir. R TVPA
Sheikh Issa Bin *2+, S.D.Tex. H-06-2683
Zayed Al Nahyan
Barboza v. 07/17/2007 2007 WL 8025825, No. 06–61527–CIV. 11th Cir. Y ATS
Drummond Co., *9, S.D.Fla.
Inc.
Arias v. Dyncorp 05/21/2007 517 F.Supp.2d 221, Civil Action No. D.C. Cir. R ATS/TVPA
221+, D.D.C. 01–1908 (RWR)
Cisneros v. 05/21/2007 485 F.3d 1226, No. 06–8029 10th Cir. Y ATS
Aragon 1227+, 10th Cir.
(Wyo.)
Ruiz v. Martinez 05/17/2007 2007 WL 1857185, No. EP-07-CV-078- 5th Cir. PS ATS/TVPA
*2+, W.D.Tex. PRM
Do Rosario Veiga 05/07/2007 486 F.Supp.2d 297, No. 07–CIV– 2d Cir. R ATS
v. World 301, S.D.N.Y. 3182VM
Meteorological
Organisation
Matar v. Dichter 05/02/2007 500 F.Supp.2d 284, No. 05 2d Cir. R ATS/TVPA
284+, S.D.N.Y. Civ.10270(WHP)
Sarei v. Rio Tinto, 04/12/2007 487 F.3d 1193, Nos. 02–56256, 02– 9th Cir. R ATS
PLC 1194+, 9th Cir. 56390
(Cal.)
Hereros ex rel. 04/10/2007 232 Fed.Appx. 90, No. 06-1684 3d Cir. Y ATS
Riruako v. 93+, 3rd Cir.(N.J.)
Deutsche Afrika-
Linien Gmblt &
Co.
Bansal v. Russ 04/05/2007 513 F.Supp.2d 264, Civil Action No. 3d Cir. PS ATS
266+, E.D.Pa. 06-4264
Jane Doe I v. Wal- 03/30/2007 2007 WL 5975664, No. CV 05-7307 9th Cir. PS ATS
Mart Stores, Inc. *7+, C.D.Cal. AG (MANx)
De Los Santos 03/30/2007 2007 WL 981605, Civil Action No. 3d Cir. PS ATS
Mora v. Brady *1, D.Del. 06–46–JJF
Beets v. Hickman 03/28/2007 2007 WL 963161, No. 5:06-cv-192 11th Cir. R ATS
*2, M.D.Ga. (CAR)
In re Iraq and 03/27/2007 479 F.Supp.2d 85, Nos. 06–0145 D.C. Cir. R ATS
Afghanistan 86+, D.D.C. (TFH), CIV. 05–
Detainees 1377(TFH) to CIV.
Litigation
Beaty v. Republic 03/20/2007 480 F.Supp.2d 60, 05–1380(TFH) D.C. Cir. N
of Iraq 82, D.D.C.
Jogi v. Voges 03/12/2007 480 F.3d 822, 822+, No. 01–1657 7th Cir. Y ATS
7th Cir.(Ill.)
Aquilar- 03/05/2007 478 F.3d 1223, No. 06–3334 10th Cir. PS ATS
Avellaveda v. 1224+, 10th Cir.
Terrell (Kan.)
El-Masri v. U.S. 03/02/2007 479 F.3d 296, 296+, No. 06–1667 4th Cir. Y ATS
4th Cir.(Va.)
Casas v. Booker 02/26/2007 2007 WL 647563, Civil Action No. 6th Cir. PS ATS
*2, E.D.Ky. 05–CV–055–JBC
Jean v. Dorelien 02/23/2007 11th Cir. Y ATS/TVPA
Fagge v. Carbone 02/23/2007 2007 WL 608976, Civil Action No. 3d Cir. PS ATS
*1+, D.N.J. 05-3111 (MLC)
Keszthelyi v. 02/23/2007 2007 WL 626221, No. 1:06-CV-187 6th Cir. PS ATS
Bowman *1+, E.D.Tenn.
Litlejohn v. 02/21/2007 2007 WL 601645, C/A No. 7:07-255- 4th Cir. PS ATS
International *4, D.S.C. RBH
Court of Justice
Taveras v. Taveraz 02/16/2007 477 F.3d 767, 767+, No. 06–3040 6th Cir. Y ATS
6th Cir.(Ohio)
Hurst v. Socialist 02/01/2007 474 F.Supp.2d 19, Civil Action No. D.C. Cir. Y TVPA
People's Libyan 20+, D.D.C. 02-02147(HHK)
Arab Jamahiriya
Provencio-Barraza 01/31/2007 2007 WL 315362, No. CIV-06-1225-T 10th Cir. PS ATS
v. U.S. Marshals *4, W.D.Okla.
Service
Nikbin v. Islamic 01/11/2007 471 F.Supp.2d 53, D.C. Cir. N
Republic of Iran 54+, D.D.C.
Saperstein v. 12/22/2006 2006 WL 3804718, No. 1:04-cv-20225- 11th Cir. Y ATS
Palestinian *1+, S.D.Fla. PAS
Authority
In re Terrorist 12/14/2006 464 F.Supp.2d 335, No. 03 MDL 2d Cir. R ATS
Atacks on 335+, S.D.N.Y. 1570(RCC)
September 11, 2001
Belhas v. Ya'Alon 12/14/2006 466 F.Supp.2d 127, Civil Action No. D.C. Cir. R ATS/TVPA
128+, D.D.C. 05–2167 (PLF)
De Los Santos v. 11/13/2006 205 Fed.Appx. 182, No. 06-6625 4th Cir. PS ATS
Bradenham 182, 4th Cir.(Va.)
Gandara v. 11/09/2006 2006 WL 3289721, No. Civ.A. CV206- 6th Cir. R ATS
Bennet *1+, S.D.Ga. 201.
Turedi v. Coca 11/02/2006 460 F.Supp.2d 507, No. 05 Civ. 9635 2d Cir. R ATS/TVPA
Cola Co. 508+, S.D.N.Y.
Ritchie v. Black 10/19/2006 2006 WL 2975933, No. 325701(LJL) 1st Cir. PS
*2, Mass.Land Ct.
In re Sinaltrainal 09/29/2006 474 F.Supp.2d No. 01-3208CIV 11th Cir. R ATS/TVPA
Litigation 1273, 1273+,
S.D.Fla.
Kiobel v. Royal 09/29/2006 456 F.Supp.2d 457, No. 2d Cir. R ATS
Dutch Petroleum 457+, S.D.N.Y. 02CIV7618KMWH
Co. BP
Mwani v. Bin 09/28/2006 2006 WL 3422208, No. CIV A 99-125 D.C. Cir. R ATS
Ladin *2+, D.D.C. CKK
Javier H. v. Garcia- 09/20/2006 239 F.R.D. 342, No. 02–CV– 2d Cir. Y ATS
Botello 342+, W.D.N.Y. 0523S(Sr).
Presbyterian 09/12/2006 453 F.Supp.2d 633, No. 01 Civ.9882 2d Cir. R ATS
Church of Sudan 634+, S.D.N.Y. DLC
v. Talisman
Energy, Inc.
De Los Santos v. 08/22/2006 2006 WL 5616324, No. 1:06cv367- 4th Cir. R ATS
Police Dept. of *1, E.D.Va. (LMB/BRP)
Newport News, Va
Chavez v. 08/15/2006 2006 WL 2434934, No. 03-2932 M1/P 6th Cir. R ATS/TVPA
Carranza *1+, W.D.Tenn.
De Los Santos- 08/15/2006 194 Fed.Appx. 100, No. 1:06cv367- 4th Cir. R ATS
Mora v. 101, 4th Cir.(Va.) (LMB/BRP)
Bradenham
Sarei v. Rio Tinto, 08/07/2006 456 F.3d 1069, Nos. 02–56256, 02– 9th Cir. R ATS
PLC. 1073+, 9th Cir. 56390
(Cal.)
Harbury v. 08/01/2006 444 F.Supp.2d 19, Civil Action No. D.C. Cir. R ATS
Hayden 21+, D.D.C. 96–438(CKK)
Gutch v. Federal 07/27/2006 444 F.Supp.2d 1, Civil Action No. D.C. Cir. Y ATS
Republic of 2+, D.D.C. 05–2338 (RMU)
Germany
Aquilar- 07/27/2006 2006 WL 2092466, No. 06–3201–SAC 10th Cir. PS ATS
Avellaveda v. *1, D.Kan.
Terrell
Fagan v. Deutsche 07/11/2006 438 F.Supp.2d 376, No. 05 CIV. 2d Cir. Y ATS
Bundesbank 381, S.D.N.Y. 10114(CSH)
Abiola v. 06/27/2006 435 F.Supp.2d 830, No. 02 C 6093 7th Cir. R ATS/TVPA
Abubakar 831+, N.D.Ill.
Keating-Traynor 06/16/2006 2006 WL 1699561, No. C 05-04475 9th Cir. PS ATS
v. Westside Crisis *6, N.D.Cal. CRB
Center
Turkmen v. 06/14/2006 2006 WL 1662663, No. 02 CV 2d Cir. Y ATS
Ashcroft *2+, E.D.N.Y. 2307(JG)
Gonzalez-Vera v. 06/09/2006 449 F.3d 1260, No. 05–5017 D.C. Cir. Y ATS
Kissinger 1260+, D.C.Cir.
Estate of Heiser v. 06/06/2006 2006 WL 1530243, D.C. Cir. N
Islamic Republic *2, D.D.C.
of Iran
Jones v. Pilgrim 05/24/2006 2006 WL 1452700, No. CIVA 06- 9th Cir. PS ATS
*1+, S.D.Ala. 00057-KD-B
Brock v. Taylor 05/16/2006 2006 WL 1361118, Civil No. 06-5039 8th Cir. PS
*4+, W.D.Ark.
United Civil 05/15/2006 2006 WL 1319804, No. 06-1056 7th Cir. PS
Liberty Union ex *2+, C.D.Ill.
rel. Cohee v. U.S.
El-Masri v. Tenet 05/12/2006 437 F.Supp.2d 530, No. 1:05cv1417 4th Cir. R ATS
535, E.D.Va.
Pugh v. Socialist 05/11/2006 2006 WL 2384915, No. Civ.A.02- D.C. Cir. Y TVPA
People's Libyan *1+, D.D.C. 02026 HHK
Arab Jamahiriya
Reyes v. Grijalba 3/31/2006 Case No. 02–22046 1:02-cv- 11th Cir. Y ATS
(S.D.Fla. 2006) 22046(S.D.Fla.
2006)
Arce v. Garcia 01/04/2006 434 F.3d 1254, No. 02–14427 11th Cir. Y ATS
1255+, 11th Cir.
(Fla.)
Oliva v. U.S. Dept. 12/30/2005 433 F.3d 229, 235, 2d Cir. N
of Justice 2nd Cir.
El-Shifa 11/29/2005 402 F.Supp.2d 267, No. Civ.A. 01– D.C. Cir. Y ATS
Pharmaceutical 267+, D.D.C. 731(RWR)
Industries Co. v.
U.S.
Esquivel v. GAC 11/28/2005 2005 WL 3454114, 5th Cir. N
Express Inc. *1+, W.D.Tex.
Corrie v. 11/22/2005 403 F.Supp.2d No. C05-5192FDB 9th Cir. R ATS/TVPA
Caterpillar, Inc. 1019, 1019+,
W.D.Wash.
Bauman v. 11/22/2005 2005 WL 3157472, No. C-04-00194 9th Cir. R ATS/TVPA
DaimlerChrysler *1+, N.D.Cal. RMW
AG
Chavez v. 11/18/2005 6th Cir. Y ATS/TVPA
Carranza
Adamu v. Pfizer, 11/08/2005 399 F.Supp.2d 495, No. 04 Civ. 2d Cir. R ATS
Inc. 496+, S.D.N.Y. 1351(WHP)
Abiola v. 11/08/2005 2005 WL 3050607, No. 02 C 6093 7th Cir. R ATS/TVPA
Abubakar *1+, N.D.Ill.
Taveras v. Taveras 11/03/2005 397 F.Supp.2d 908, No. 05–CV–0867 6th Cir. R ATS
908+, S.D.Ohio
Holland v. Islamic 10/31/2005 496 F.Supp.2d 1, Civil Action No. D.C. Cir. Y TVPA
Republic of Iran 2+, D.D.C. 01–1924(CKK)
Chavez v. 10/18/2005 2005 WL 2659186, No. 03-2932 M1/P 6th Cir. R ATS/TVPA
Carranza *1+, W.D.Tenn.
Doe v. Exxon 10/14/2005 393 F.Supp.2d 20, No. CIV.A. 01– D.C. Cir. R
Mobil Corp. 20+, D.D.C. 1357(LFO)
Hughes v. State of 08/19/2005 2005 WL 2000674, No. 04-CV-559 6th Cir. PS ATS
Ohio *3, S.D.Ohio
Siswinarti v. 08/16/2005 Complaint, No. No. 2:05-cv- 3d Cir. Y ATS
Jennifer 2:05-cv- 04171-PGS-ES
Shien Ng 04171-PGS-ES,
2005 WL
2511406 (D.N.J.
Aug. 16,
2005)
Ibrahim v. Titan 08/12/2005 391 F.Supp.2d 10, Civ.A. No. 04– D.C. Cir. R ATS
Corp. 10+, D.D.C. 1248(JR)
Abdullahi v. 08/09/2005 2005 WL 1870811, No. 01 2d Cir. R ATS
Pfizer, Inc. *1+, S.D.N.Y. Civ.8118(WHP)
Mwani v. bin 08/05/2005 417 F.3d 1, 2+, No. 04–5266 D.C. Cir. R ATS
Laden D.C.Cir.
Hwang Geum Joo 06/28/2005 413 F.3d 45, 46+, No. 01-7169 D.C. Cir. Y ATS
v. Japan D.C.Cir.
Presbyterian 06/13/2005 374 F.Supp.2d 331, No. 01 2d Cir. R ATS
Church of Sudan 332+, S.D.N.Y. Civ.9882(DLC)
v. Talisman
Energy, Inc.
Alperin v. Vatican 06/09/2005 410 F.3d 532, 541, Nos. 03–16166, 03– 9th Cir. R ATS
Bank 9th Cir.(Cal.) 15208
Dammarell v. 05/29/2005 2005 WL 756090, No. Civ.A. 01- D.C. Cir. Y TVPA
Islamic Republic *4+, D.D.C. 2224JDB
of Iran
Presbyterian 05/25/2005 226 F.R.D. 456, No. 01 2d Cir. R ATS
Church of Sudan 457+, S.D.N.Y. Civ.9882(DLC)
v. Talisman
Energy, Inc.
Collet v. Socialist 05/24/2005 362 F.Supp.2d 230, Civil Action No. D.C. Cir. Y TVPA
Peoples' Libyan 233+, D.D.C. 01-2103 (RMU)
Arab Jamahiriya
Enahoro v. 05/23/2005 408 F.3d 877, 878+, No. 03–3089 7th Cir. R ATS
Abubakar 7th Cir.(Ill.)
Makro Capital of 05/18/2005 372 F.Supp.2d 623, 11th Cir. N
America, Inc. v. 626, S.D.Fla.
UBS AG
Simpson v. 03/07/2005 362 F.Supp.2d 168, No. CIV.A. 00– D.C. Cir. PS ATS
Socialist People's 170+, D.D.C. 1722(RMU)
Libyan Arab
Jamahiriya
Wyat v. Syrian 03/03/2005 362 F.Supp.2d 103, D.C. Cir. N
Arab Republic 111, D.D.C.
Doe v. Xudong 02/15/2005 123 Fed.Appx. 727, No. 04–3151 7th Cir. Y ATS/TVPA
728+, 7th Cir.(Ill.)
Jama v. U.S.I.N.S. 11/10/2004 343 F.Supp.2d 338, Civil Nos. 97– 3d Cir. R ATS
339+, D.N.J. 3093(DRD), 98–
1282(DRD)
Arndt v. UBS AG 11/01/2004 342 F.Supp.2d 132, No. 04–CV–751 2d Cir. Y ATS/TVPA
133+, E.D.N.Y.
Doe I v. Liu Qi 10/28/2004 349 F.Supp.2d No. C-02-0672 CW 9th Cir. R ATS/TVPA
1258, 1259+, (EMC), No. C-02-
N.D.Cal. 0695 CW (EMC),
(Docket No. 18,
19), (Docket No.
18)
Tachiona v. U.S. 10/06/2004 386 F.3d 205, 206+, No. CIV.A. 02– 2d Cir. Y ATS
2nd Cir.(N.Y.) 828(CKK)
Chavez v. 09/30/2004 407 F.Supp.2d 925, No. 03–6033(L), 6th Cir. R ATS/TVPA
Carranza 925+, W.D.Tenn. 03–6043(XAP)
Jean v. Dorelien 09/28/2004 2004 WL 5565023, No. 03–2932 11th Cir. R ATS/TVPA
*1, S.D.Fla.
Mohammad v. Bin 09/21/2004 114 Fed.Appx. 417, No. 03–20161–CIV 2d Cir. R ATS
Tarraf 417+, 2nd Cir.
(N.Y.)
Ye v. Zemin 09/08/2004 383 F.3d 620, 622, Civ. Nos. 97– 7th Cir. Y ATS
7th Cir.(Ill.) 3093(DRD), 98–
1282(DRD)
Dodge v. Islamic 08/25/2004 2004 WL 5353873, No. 03-3989 D.C. Cir. Y TVPA
Republic of Iran *4+, D.D.C.
Comollari v. 08/10/2004 378 F.3d 694, 694+, Civil Action No. 7th Cir. N
Ashcroft 7th Cir. 03–252 (TPJ)
Ungaro-Benages v. 08/03/2004 379 F.3d 1227, 11th Cir. N
Dresdner Bank AG 1232, 11th Cir.
(Fla.)
Sosa v. Alvarez- 06/29/2004 124 S.Ct. 2739, Nos. 03–339, 03– SC Y ATS
Machain 2741+, U.S. 485
Marcos
Defendant Disposition Grounds Facts
of
Dismissal
INC SET Plaintiffs allege that Defendants Yahoo!, Inc. (Yahoo!) and Yahoo! Hong
Kong, Ltd. (YHK) willfully provided Chinese officials with access to
private email records, copies of email messages, and other information
about Plaintiffs and the nature and content of their electronic
communications. As a result of Defendants' turning over this
information, officials in the Chinese government allegedly subjected
Plaintiffs to torture, cruel and inhumane treatment, arbitrary arrest and
prolonged detention for exercising their right to freedom of speech.
Plaintiffs accuse Defendants of knowingly and willfully aiding and
abeting [3] the commission of torture and other major violations of
international human rights law, thereby causing Plaintiffs severe
physical and mental suffering.
ORG MTD/WP PAE According to the complaint, after concerned residents of Ogoniland
began protesting the environmental effects of SPDC's practices,
respondents enlisted the Nigerian Government to violently suppress the
burgeoning demonstrations. Throughout the early 1990's, the complaint
alleges, Nigerian military and police forces atacked Ogoni villages,
beating, raping, killing, and arresting residents and destroying or
looting property. Petitioners further allege that respondents aided and
abeted these atrocities by, among other things, providing the *1663
Nigerian forces with food, transportation, and compensation, as well as
by allowing the Nigerian military to use respondents' property as a
staging ground for atacks.Plaintiffs sued corporations directly under
ATS for aiding and abeting the Nigerian government in commiting
human rights violations in Nigeria
INC MTD/WP SI Plaintiffs, families and estates of the victims of 9/11 terrorist atacks,
individuals injured by the atacks, and various commercial entities that
incurred damages and losses as a result of the atacks, filed suit against
purported charities and entities for allegedly having provided support
and resources to Osama Bin Laden and al Qaeda
IND, INC MTD/WP PJ Plaintiffs, families and estates of the victims of 9/11 terrorist atacks,
individuals injured by the atacks, and various commercial entities that
incurred damages and losses as a result of the atacks, filed suit against
defendants for allegedly having provided support and resources to
Osama Bin Laden and al Qaeda. This opinion addresses those claims
dismissed by the lower court for lack of personal jurisdiction against 37
defendants
IND, INC MTD/P LON, NNP Plaintiffs, families and estates of the victims of 9/11 terrorist atacks,
individuals injured by the atacks, and various commercial entities that
incurred damages and losses as a result of the atacks, filed suit against
purported charities, financial institutions, and other individuals for
allegedly having provided support and resources to Osama Bin Laden
and al Qaeda
STA
IND MTD/P LON Plaintiffs filed suit for sexual abuse they suffered while participating in a
residential school for poor children in Haiti.Defendants included the
founder of the school as well as a nonprofit organization that operated
the school as well as other individuals and entities allegedly involved,
either directly or indirectly, in the sexual abuse. Count four alleges that
two individuals at the school aided and abeted the founder in
commiting a violation of the law of nations making them liable to the
plaintiffs under ATS
IND MTD/P HOS Relatives of alleged victims of extrajudicial killings in Sri Lanka brought
action against the president of Sri Lanka under TVPA. Plaintiffs' claims
were brought under TVPA for extrajudicial killings
INC MTD/WP PJ The former Ukranian prime minister and 50 individuals brought suit
against defendants , a group of American and foreign individuals and
corporations, claiming that defendants had violated the ATS, RICO, 18
U.S.C. sections 1961-1968, and various state laws. Plaintiffs sought
damages and a declaration that the Ukranian practice of detaining
plaintiffs for prolonged periods violated international law
IND, INC MTD/WP LON Former Ukranian prime minister brings action on behalf of herself and
other government officials for arbitrary detention and political
persection, allegedly in violation of their human rights
OFF MTD/WP NL; LON Plaintiff alleged that he was tortured in Malawi for eight years and that
government officlas contributed to the death of his wife
OFF MSJ FL Plaintiff, a NY prison inmate, brought action against the Commissioner
of the NY Department of Corrections and Community Supervision and
several other employees, alleging the deprivation of his civil rights.
OFF MTD/P IPC, Plaintiffs, 8 femaile ICE detainees, claimed that they were sexually
AGENCY assaulted by an officer escorting them from their transport to the bus
station or airport.
OFF MTD/P FTEAR, SI Plaintiffs, former detainees held at Guatanamo Bay, brought action
against US military personnel, alleging claims under ATS, the First and
Fifth Amendments, Section 1985, and RFRA. 4 plaintiffs (Mr.
Celikgogus, Mr. Sen, Mr. Mert, and Mr. Al Laithi) were initially held at
Camp X–Ray, where they allege that they were subjected to harsh
conditions including sleep deprivation, exposure to extreme heat and
cold, being forced to defecate in public, being prohibited from practicing
their religion, and other abuse. Celikgogus, 2d Am. Compl. ¶ 46; Al
Laithi, Compl. ¶¶ 50–54. Camp X–Ray was replaced by Camp Delta in
April 2002, where all six plaintiffs were held. Celikgogus, 2d Am.
Compl. ¶ 47; Al Laithi, Compl. ¶ 55. All plaintiffs allege that they were
subjected to harsh conditions including sleep deprivation, arbitrary
discipline, forced nudity, and a variety of physical, psychological, and
cultural abuse. Celikgogus, 2d Am. Compl. ¶¶ 47–51; Al Laithi, Compl.
¶¶ 56–66.
STA MTD/P HOS Plaintiff brought action against Republic of Camroon for torture by a
public official, false imprisonment, and breach of contract
INC Plainitffs, victims and families of victims of terrorist atacks commited
in Israel. Plaintiffs sought monetary damages from Arab Bank alleging
that the bank provided financial services and support to terrorists
during this period
STA MTD/WP SOL Plaintiff alleged that he was arrested by the Malawi government because
he was believed to be a rebel planning to overthrow the govnerment. He
was taken to various detention camps and detained and tortured for 8
years
OFF MSJ/P LON Plaintiff alleged that he was falsely accused of the theft of a cell phone
and then put into solitary confinement after he was deprived of his due
process rights when requested surveillance tapes were not produced
STA MTD/P AOS, LON Plaintiffs, a Virginia corporation and its Belgian subsidiary brought
action against eh Kingdom of Belgium and individuals acting pursuant
to the kingdom's judicial functions, alleging breach of contract, unlawful
taking, conspiracy, and discrimination
INC Plaintiffs, fishermen in China, brought suit against defendants for the
adverse affects of defendant oil companies' spills in the area where the
plaintiffs fish.
INC, IND, OFF MTD/P LON Plaintiff presented a disjointed complaint alleging that his due process
and equal protection rights were violated and that the prison authorities
retaliated against him for exercising his rights under the constitution. He
further claimed that the defendants engaged in a violation of the law of
nations or a treaty of the U.S.
STA SI, S, LON Plaintiff alleged that defendants persecuted citizens of China for their
exercise of free speech rights
INC Israeli residents injured or whose family members were killed in
terrorist rocket atacks brought action against Lebanese bank for
faciliating terrorist organization's acts
STA MTD/WP NPRA Plaintiff, a federal detainee, filed pro se complaint against defendant
under ATS for violations of Article 36 of Vienna Convention on Consular
Relations
OFF MTD/P IPC Plaintiff, a federal inmate, filed a civil rights action alleging violations of
his First, Fifth, and Sixth Amendment rights with respect to denial of
grievance appeals and interference with his legal mail
STA MTD/P SI Plaintiff, a resident of Trinidad and Tobago, sought to challenge the
basis fo his deportation under INA and ATS
STA MTD/P SI Plaintiff filed suit against Germany in connection to the use of her
parents' house from WWII until 1996 when she finally was able to gain
ownership of the property
IND, INC MTD/WP LON Plaintiff is a federal prisoner who suffered a seizure and filed suit
against defendants, alleging that they were negligent in responding to
his emergency
INC MTD/P LON Plaintiffs alleged an extrajudicial killing claim that was not the result of
state action against defendant
STA MTD/P PJ American citizen arrested by Chilean government sued Republic of
Chile and various Chilean government officials for alleged abuse by
Chilean criminal courts, and sued airlines for alleged damage to
containers of fruit during transport.
IND GDJ Natives of Somalia brought action , seeking to impose liability against
and recover damages from former high-ranking government official for
alleged acts of torture and human rights violations commited against
them by government agents.
IND GDJ Plaintiffs' complaint alleges that Villanueva and Fernandez fraudulently
recruited Plaintiffs from the Philippines and the United States to work
for Defendants in country clubs and hotels in Florida and New York.
While working for Defendants, Plaintiffs allege they were forced to live
in severely overcrowded housing, work overtime hours without
compensation, accept exorbitant monthly deductions from their
paychecks for food, housing, and transportation—all which was
promised to be provided free of charge, and they were pressured to
comply with Defendants' demands through threats of arrest,
imprisonment, deportation, loss of work, and black-listing. As a result,
Plaintiffs allege they lived in constant fear of Defendants and believed
they had no choice other than to obey their orders and continue
working.
INC MTD/P FNC Aliens brought action against their former employer based on events in
Guatemala during labor dispute. The case was dismissed on FNC
grounds and plaintiffs subsequently filed suit in Guatemala. The
Guatemalan court dismissed the case and plaintiffs moved to reinstate
the case in federal court
OFF MTD/P HOS Widows of former Presidents of Rwanda and Burundi, who were killed
during their presidencies when surface-to-air missiles brought down
aircraft carrying them over Rwandan capitol, brought action against
current President of Rwanda.
INC, IND MTD/P IPC Survivors who had been injured, and relatives of those who had been
killed in suicide bombings in Israel brought actions against companies
and individuals involved in oil and gas business, alleging that
defendants purchased oil from Iraq and made payments that violated
United Nations “Oil for Food” program
INC, IND DDJ, PMTD NI Human rights advocacy group and individuals brought action against
Indian politician and political party for unlawful atacks in India that
resulted in injury, death and destruction of homes, businesses and
temples.
INC, IND MSJ/P, MTD/P ER Plaintiffs brought suit for the murder of their parents, who were
murdered in Colombia by paramilitaries acting as agents of, or aided
and abeted by defendants
OFF, AGE MTD/P LON The plaintiffs raise various claims under the Alien Tort Claims Act,
allegations of discrimination and retaliation, Eighth Amendment claims
of failure to protect, violations of conditions of confinement, including
deprivation of nutritious food, exposure to second-hand smoke,
excessive force, and violations of due process in disciplinary hearings.
OFF MTD/P HOS Plaintiff Vathsala Devi brings this action against President Mahinda
Rajapaksa, the siting president of the Democratic Socialist Republic of
Sri Lanka, for the execution of her husband by Sri Lankan armed forces
OFF BTP Plaintiffs allege that defendant is liable for extrajudicial killing;
atempted extrajudicial killing; torture; cruel, inhuman, and degrading
treatment or punishment; arbitrary detention; crimes against humanity;
and war crimes commited during his tenure as First Vice President and
Minister of Defense of Somalia's central government from January 1980
to December 1986 and as Prime Minister from January 1987 to
September 1990.
INC MTD/D Holocaust survivors and heirs of other Holocaust victims filed suit
against several banks, alleging that banks participated in scheme to
expropriate property from Hungarian Jews during the Holocaust.
ORG, INC MTD/P PJ, NA, Plaintiff brought action against non-profit organization and oil
LON, NNP companies, that allegedly provided monetary support to Israel
INC MTD/P PJ Hungarian Jews who were victims of Holocaust, and their next of kin,
brought action against privately owned Hungarian banks arising from
purported wealth expropriation scheme involving withholding of assets
and funds from plaintiffs
INC Hungarian Jews who were victims of Holocaust, and their next of kin,
brought action against international banking institutions arising from
purported wealth expropriation scheme involving withholding of assets
and funds from plaintiffs.
INC MTD/WP FTP Plaintiffs, Vietnamese laborers, brought suit beause they were subjected
to an international human trafficking conspiracy among corporations
and governments. The laborers were lured to Jordan with promise of
high-paing jobs and then assaulted, imprisoned, defrauded, and treated
like indentured servants
IND MTD/P HOS Plaintiffs filed suit for their unlawful arrest and the subsequent
treatment following the arrest, which included horrific violations of US
and international law. Each plaintiff was detained in solitary
confinement, “in a filthy, cockroach infested, windowless cell,” in which
the “lights were kept on ... 24 hours a day” and the only toilet was a hole
in the floor observable via closed-circuit camera. (Id. at ¶ 9.) The
plaintiffs were held entirely incommunicado and were refused legal
counsel and consular services. (Id. at ¶ 10.)The plaintiffs also suffered
severe torture, including, but not limited to, sleep deprivation; beatings
and canings that resulted in permanent injuries; threats of electrocution,
castration, anal rape, and harm to relatives; and the deprivation of
necessary medical treatment. (Id. at ¶¶ 11, 12, 13, 14, 15.)None of the
plaintiffs was ever charged with any crimes or brought before any
judicial officer. (Id. at ¶ 10.)When they were eventually released, the
plaintiffs were deported from Kuwait to Egypt even though they had
been lawfully working and residing in Kuwait. (Id. at ¶ 17, 18 .)The
plaintiffs continue to suffer physical, psychological, and economic harm
as a result of the torture inflicted upon them and their subsequent
deportation. (Id. 16, 17, 18.)
ORG GDJ Plaintiff brougth suit after he was kidnapped and tortured by
defendants while he was in Colombia
IND MTD/WP LON Alien brought action against her stepsister and stepsister's relatives,
alleging that alien was trafficked from Ecuador and forced to work in
stepsister's home
OFF, INC MTD/P LON, IPC Plaintiff presented a disjointed complaint alleging that his due process
and equal protection rights were violated and that the prison authorities
retaliated against him for exercising his rights under the constitution. He
further claimed that the defendants engaged in a violation of the law of
nations or a treaty of the U.S.
OFF, INC MTD/P LON, IPC Plaintiff presented a disjointed complaint alleging that his due process
and equal protection rights were violated and that the prison authorities
retaliated against him for exercising his rights under the constitution. He
further claimed that the defendants engaged in a violation of the law of
nations or a treaty of the U.S.
INC, IND, OFF MTD/P NL, LON Plaintiffs sought monetary damages, punitive damages, and declaratory
judgment that the policies and practices concerning the housing and
treatment of transgendered detainees in the center are inadequate, and
unlawfully and unreasonably expose detainees to harm
INC, OFF, IND MTD/WP LON Plaintiff filed suit claiming cruel and unusual punishment, medical
malpractice and negligence and ATS for his treatment following a
shoulder injury as an inmate
INC, IND MTD/WP PJ Plaintiff brought suit, alleging that defendants should be held liable on
theories of aiding and abeting, conspiracy, and/or agency for
commiting violations of the law of nations
OFF SI Class of victims of, or legal heirs to victims of, non–consensual human
medical experimentation program that United States government
conducted in Guatemala in 1940s and 1950s brought action against
various current government officials and current director of
international public health organization, seeking redress for injuries
stemming from program
IND MTD/WP FL Roque Aranda–Tercero, a citizen of Mexico, filed a pro se complaint
against Defendants, all of whom are citizens of Mexico, asserting federal
subject mater jurisdiction under the Alien Tort Claims Act (“ATCA”)
and the Torture Victim Protection Act (“TVPA”)
INC MTD/D Iraqis who had been detained at prison in Iraq and elsewhere filed
lawsuits against government contractors hired to provide civilian
employees to assist the military in communicating with and
interrogating detainees, alleging that the contractors and certain of their
employees were liable in common law tort and under the Alien Tort
Statute (ATS) for torturing and abusing them during their incarceration.
INC V/D Plaintiff filed suit against defendants, alleging that defendnant was
responsible for actions of pollution, contamination and environmental
degradation of plaintiffs' community's land and water in violation of the
right to clean water, clean environemtn adequate for their health and
well-being, minimum enjoyment of life and right to life, etc.
IND MTD/P n 1997, Fr. Aguilar was placed back at the Diocese of Tehuacan, where he
worked at various churches, including San Vicente de Ferrer. (Id. ¶
56.)That year, Fr. Aguilar raped and sexually abused Plaintiff, who was
twelve years old at the time. (Id. ¶ 57.)In 2003, a Mexican court found Fr.
Aguilar guilty of one count of sexual abuse that occurred in 1997,
unrelated to Plaintiff, and sentenced him to one year in prison. (Id. ¶
62.)On appeal, the Mexican court affirmed Fr. Aguilar's conviction, but
relieved him from serving his sentence because of the age of the crime.
(Id. ¶ 64.)
INC D/MPI LON Whalers brought action against Washington-based conservation
organization, which engaged in frequent confrontations with whalers in
Southern Ocean, under alien tort statute (ATS) and Washington law,
alleging a violation of their right to free navigation at sea and piracy
IND MTD/P FL Plaintiff filed his Complaint in this Court against Defendants Beebe and
Black, alleging that Defendants “improperly induced consent for the
adoption of a child in violation of applicable international legal
instruments on adoption
INC Israeli residents who were injured or whose family members were killed
in series of terrorist rocket atacks on civilians in Israel brought action
against Lebanese bank, which allegedly facilitated terrorist
organization's acts by using correspondent banking account at New
York bank to effectuate wire transfers on behalf of terrorist organization
totaling several million dollars.
STA DI, HOS Plaintiffs filed this action as the legal representatives of relatives
Plaintiffs allege were the victims of extrajudicial killings while living in
their native Sri Lanka. Compl. ¶¶ 3–5. Plaintiffs allege Defendant has
“virtually unlimited government power in Sri Lanka,” “exercise[s]
command responsibility over the Sri Lankan armed forces or security
services,” and “knew or should have known of the extrajudicial killings
under color of foreign law of [Plaintiffs' relatives].”
American corporation filed action alleging that Islamic Republic of Iran
had expropriated
Manoharan corporation's
v. Rajapaksa, 845 F.equity
Supp. interest in Iranian
2d 260, 261 (D.D.C.dairy
2012)and
aff'd,
illegally
711 F.3d withheld
178 (D.C. dividends.
Cir. 2013)
ORG, OFF MTD/P MCA Survivors of detainees who died at Guantanamo Bay Naval Base sued
the United States and a host of government officials, asserting that the
detainees had been subjected to physical and psychological torture and
abuse, inadequate medical treatment and withholding of necessary
medication, and religious abuseasserting that the detainees had been
subjected to physical and psychological torture and abuse, inadequate
medical treatment and withholding of necessary medication, and
religious abuse
INC MTD/P NJPQ Plaintiffs brought suit against defendants for the execution of three
union leaders who were executed by members of the 18th Brigade of the
Colombian national army
OFF MTD/P DI ri Lankan nationals, on behalf of their deceased relatives, brought action
against Deputy Permanent Representative of Sri Lanka to United
Nations (UN), who served as commander in Sri Lankan Army, alleging
that relatives were victims of torture and wrongful killing by Sri Lankan
military
Plaintiff injured himself while at Hyat in Guam and filed suit against
Hyat International
OFF MTD/P SI After plaintiff, a Syrian national who had been detained by U.S. military
forces and held at the U.S. Naval Facility in Guantanamo Bay, Cuba, for
more than seven years, he filed suit against defendants
OFF MTD/P SI Hamad was living in Pakistan when he was seized in July 2002 and
taken to a Pakistani jail. (Id. at ¶ 59.) Hamad was interrogated for two
days before he was transferred to either another Pakistani prison or a
U.S.-controlled detention facility. (Id.) For six months, Hamad was given
contaminated water, roten food, and one set of clothes. (Id. at ¶ 60.)
Hamad lost approximately sixty-five pounds. (Id.) He was not told the
reason for his detention and was deprived of any outside contact. (Id.) In
January 2003, Hamad was transferred to the United States Air Base in
Bagram, Afghanistan. (Id. at ¶ 63.) Upon arrival, U.S. officials tortured
him and forced him to stand for three days without sleep or food. (Id. at
¶ 64.) Hamad ultimately collapsed from malnourishment and
dehydration. (Id. at ¶ 65.)
On March 15, 2003, Hamad was transferred to Guantanamo Bay, Cuba
where he was detained for five years. (Id. at ¶ 69.) During the first
couple of weeks, Hamad was held in isolation and interrogated daily.
(Id. at ¶ 71.) He was later moved to another camp; although, at one point
during his detention, he spent an additional month in isolation.
(Id.)Plaintiff filed suit for violations of customary international law, the
Geneva Conventions, state common law, and the Fifth Amendment
IND Plaintiffs brought suit against seven individuals they believed were
responsible for the torture and death of their father, Salvador Dacer, in
the Philippines
OFF, STA, AGE MTD/P IPC Prisoner sued United States, Bureau of Prisons (BOP), and prison
officials, asserting Bivens claims and violations of various constitutional
provisions and statutes
Plaintiff alleges eight causes of action: (1) hate crime under Iowa Code
729A.2, (2) assault, (3) batery, (4) false imprisonment, (5) malicious
prosecution, (6) abuse of process, (7) civil rights violations, and (8)
conspiracy to violate Plaintiffs' civil rights.
IND MTD/P IPC, LON Former university student, who was native of Cameroon, brought pro se
action against dean and professor at university, alleging discrimination
and retaliation in violation of Title VI and Workforce Investment Act
(WIA), as well as related common law causes of action.
INC, IND MTD/P PJ, IPC Plaintiff sued a number of foreign companies, business associates,
private security guards, and a civil law notary, alleging that they
commited armed robbery, aggravated assault with a deadly weapon,
terrorism, human rights violation, suspected illegal possession of guns,
infliction of emotional distress, deceptive and unfair trade practices,
torture, theft, defamation, and loss of residence.
IND IRS Plaintiff, who alleged she was one of the victims in a human trafficking
conspiracy, brought action against perpetrator, who had pled guilty to
conspiracy to engage in human trafficking
INC, STA MTD/WP LON Plaintiff filed suit, seeking the return of a van Gogh drawing his great-
grandmother was allegedly forced to sell to a Swiss art collector, at a
fraction of its fair value, to help fund her family's escape from Nazi
Germany
INC P Plaintiffs brought suit against government contractors, alleging that they
were tortured by contractors' employees while they were being detained
as suspected enemy combatants in the Abu Ghraib prison in Iraq
INC, STA MTD/P LON, NI Class action was brought against chemical manufacturer, Republic of
Iraq, and others, alleging that manufacture sold thiodiglycol (TDG) to
Iraqi government, which then used TDG to manufacture mustard gas to
atack members of ethnic minority group.
STA DSS FL Plaintiff alleged that the denial of social security benefits based on his
removal amounts to torture
INC, IND DI In the underlying lawsuit, plaintiffs brought claims for war crimes,
extrajudicial killings and crimines against humanity
STA, INC V/D Plaintiffs brought suit against defendnats for state-sponsored
international piracy, claiming that defendants have commandeered the
world's financial system and ransacked the bank accounts of legitimate
businesses and law abiding citizens
IND MTD/WP IPC Relatives of victims killed during time of severe civil unrest in Bolivia
brought action against that country's former president and former
minister of defense, seeking compensatory and punitive damages
OFF PMTD IPC Plaintiff asserted a broad range of constitutional and statutory claims
arising out of his alleged physical abuse by Kuwaiti authorities with the
knowledge, approval and actual involvement of agents of the United
States, and his inability to board a return flight to the United States from
Kuwait because of his placement on a “No–Fly List” by American
authorities.
INC D/MTD Survivors of military invasion in Krajina region filed putative class
action against private military contractor alleging it had participated in
genocide and aided and abeted crimes against humanity by training
Croatian Army and assisting it in atacking civilian ethnic Serbian
population
AGE LON Plaintiff brought action to challenge his removal to Syria after he
completed his prison sentence for bank fraud. Claimed he was subject to
arbitrary detention, cruel inhuman and degrading treatment and
violations of the Vienna Convention.
STA Plaintiff brought action against the Islamic Republic of Iran and its
Ministry of Information and Security (MOIS), alleging that they directed
and facilitated the bombings, by a terrorist group, of two U.S. Embassy
facilities in Beirut, Lebanon.
STA, OFF MTD/WP SI Representatives of 15-year old boy shot and killed by United States
Border Patrol Agent while he was playing in the cement culvert
separating the United States from Mexico brought action for the
shooting
INC, IND MTD/WP PJ Plaintff brought suit agaisnt defendants for engaging in civil conspiracy
to violate plaintiff's rights and the rights of his household. The claims
relate to atempted extrajudicial killing, torture, and cruel, inhuman or
degrading treatment of the plaintiffs
INC MTD/D Plaintiff filed suit alleging breach of contract based on defendant's
failure to pay compensation for delayed flight as required by the
contract
STA MTD/P FTEAR Federal prisoner brought action against United States, seeking injunctive
relief and monetary damages under the Torture Victim Protection Act
(TVPA)
INC MSJ LON Liberian children filed action under Alien Tort Statute alleging that
manufacturer and its officers had utilized hazardous child labor on
rubber plantation in violation of customary international law.
INC MTD/P NNP John Doe plaintiffs, who were citizens and residents of Indonesia,
brought action against United States energy corporation and its
subsidiaries asserting violations of Alien Tort Statute (ATS), Torture
Victim Protection Act (TVPA) and related common law torts based on
alleged human rights abuses commited in Indonesia by Indonesian
military personnel hired by defendants to provide security. laintiffs-
appellants are fifteen Indonesian villagers from the Aceh territory.
Eleven villagers filed a complaint in 2001 alleging that Exxon's security
forces commited murder, torture, sexual assault, batery, and false
imprisonment in violation of the Alien Tort Statute (“ATS”) and the
Torture Victim Protection Act (“TVPA”), and various common law torts.
(The Doe I complaint.)
STA, OFF MSJ IPC Plaintiff was an inmate at United States Penitentiary, Administrative
Maximum Prison in Florence, Colorado (“ADX”) and filed this lawsuit
alleging violations of his constitutional rights while incarcerated there.
INC MTD/P; MTD/WP PJ Plaintiffs alleged that defendants was liable for the assault and batery,
negligent hiring, negligent supervision, intentional infliction of
emotional distress commited by its employees against plaintiffs
STA, MSJ LON Pro se plaintiff, who claimed status of an independent state, brought
action against United States, Kentucky, and a Kentucky county under
Alien Tort Claims Act.
INC, IND MTD/WP LON Hotel owner brought action to recover unpaid hotel charges incurred
during relief work in Haiti.
STA, OFF, INC MTD/P PJ American citizen arrested by Chilean government sued Republic of
Chile and various Chilean government officials for alleged abuse by
Chilean criminal courts, and sued airlines for alleged damage to
containers of fruit during transport.
STA, OFF MTD/P SI Afghan and Iraqi citizens captured and subsequently held in
Afghanistan and Iraq, respectively, by United States military filed action,
seeking damages and declaratory relief as result of their treatment while
in United services
Financial States custody.
firms brought action against Internet-based
subscription news service, alleging “hot news” misappropriation and
copyright infringement as to securities recommendations.
STA, INC MTD/WP NGG Plaintiffs alleged that defendants commited torture in violation of the
LON
ORG MTD/P LON Palestinian national and family brought action against Palestinian
Authority (PA) and Palestine Liberation Organization (PLO), alleging
that defendants violated law of nations by abducting and torturing
national, and also asserted negligence claim under Israeli law.
ORG MTD/WP NNP A group of American, Israeli, and Canadian civilians (“Plaintiffs”) bring
this action against Al Jazeera (“Defendant”), alleging claims under the
Antiterrorism Act, 18 U.S .C. § 2333, under the Alien Tort Statute, 28
U.S.C. § 1350, and under Israeli law for negligence and vicarious
liability. These rockets lacked an Internal Guidance System, and
therefore the only way for Hezbollah to aim the rockets accurately was
to rely on information provided to them about where the rockets had
landed. Al Jazeera TV repeatedly broadcast real-time information
concerning the landing of rockets, despite having been requested by
Israeli authorities to abstain from broadcasting such information. Al
Jazeera’s real-time information enabled Hezbollah to re-adjust their
targeting mechanisms, resulting in more precise and deadlier missile
atacks against Israel, in which 91 Americans, Canadians and Israeli
civilians were either injured or killed.
INC MTD/P LON Estates, survivors, and heirs of United States citizens who were
kidnapped, held hostage, and murdered by terrorists brought action
against banana producer for claims arising when producer made
payments to Colombian terrorist organization in exchange for protection
of its workers, and provided the terrorist organization with weapons,
ammunition, and other supplies.
INC MTD/WP SI Cuban nationals who had been abducted from Cuba, trafficked to
Curacao, and forced into servitude for a period of 15 years, before finally
escaping to United States, filed suit against their Curacao employer
INC, IND Children of former union leaders who were murdered in Colombia sued
corporation and its subsidiary which managed its mining operations,
and two employees alleging that entities and employees hired
paramilitaries from United Self-Defense Forces of Colombia (AUC) to
assassinate their fathers, in violation of Alien Tort Statute (ATS), Torture
Victim Protection Act (TVPA), and wrongful death laws of Colombia.
An American citizen who was severely wounded in the suicide bombing
of an Israeli bus, and his family, brought action, under the state-
sponsored terrorism exception to the Foreign Sovereign Immunities Act
(FSIA), against the Islamic Republic of Iran and its Ministry of
Information and Security (MOIS), alleging that they provided material
support to the terrorist organization which carried out the bombing.
INC D/MTD Hungarian Jews who were victims of Holocaust, and their next of kin,
brought action against international banking institutions arising from
purported wealth expropriation scheme involving withholding of assets
and funds from plaintiffs.
IND MTD/P LON Plaintiff brought suit, claiming that defendants enslaved her in violation
of customary international law
INC, ORG MTD/P LON Plaintiffs allege that they have been and are being subjected to such
grave violations of some of the most universally recognized standards of
such international law as international treaties to which the United
States is a member state, and international customary law for which the
United states has long observed, and Jus Cogens, including prohibitions
against torture, cruel, inhuman, or other degrading treatment or
punishment, arbitrary arrest and prolonged detention for exercising
their rights of freedom of speech, association, and assembly, and
international prohibition against slavery and forced labor, at the hands
of the Defendant and co-defendants, through officials of Chinese
Communist Party, an infamous totalitarian organization, acting under
color of law in the People's Republic of China
INC MTD/P LON Resident alien brought action against his former employer, for torture in
violation of the Torture Victim Protection Act (TVPA), and torture, cruel,
inhumane, and degrading treatment, and prolonged arbitrary detention
in China, pursuant to the Alien Tort Statute (ATS). To punish plaintiff for
“exposing illegal banking practices” and/or “to intimidate and coerce
Plaintiff from exposing the Bank's illegal practices to the general public,”
the Bank terminated his employment. Additionally, the Bank accused
plaintiff of violating Bank policy by consorting with a prostitute. The
Bank contacted the police and sought to have plaintiff arrested on
charges that he had paid a prostitute to engage in sexual acts on Bank
INC, IND GDJ property.
Workers, whoTo support this allegation,
were citizens the Bank compelled
of the Philippines, threeagainst
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remained in the cell at a depth of several inches, causing his feet to swell
and affording plaintiff no place to sit or lie down. After two days in
these conditions, plaintiff was forced to sign a confession. He was
imprisoned for 15 days.
Ecuadorian commercial fishermen brought action against United States
for damages arising out of Coast Guard's search and seizure of vessel on
suspicion of drug smuggling.
STA, OFF MTD/P IPC Plaintiffs pro se commenced this action against a number of German
courts, prosecutors, and judges, as well as the Federal Republic of
Germany itself, to recover for injuries sustained as a result of a tax
prosecution by the German authorities.
STA MTD/P SI Judgment creditor moved for writ of atachment on judgment, seeking
to atach Cuba's registered trademark for national warranty seal on
Cuban cigars, which was managed by Cuban chamber of commerce.
Cuban chamber of commerce intervened
IND SET Four underage male Moldovan citizens brought actions against
defendant under the Alien Tort Statute (ATS), alleging that he sexually
assaulted them while he was traveling in Moldova.
INC MTD/P PJ, SOL Plaintiffs brought suit for the taking of children from UK and Malta to
oprhanages and work camps in Australia where the children were
treated shamelessly and abused
ORG, IND MTD/P NI, LON Widow and sons of a United States citizen allegedly tortured and killed
in Israel brought suit against three individuals, the Palestinian Authority
(PA), and the Palestine Liberation Organization (PLO)
INC MTD/P LON Holocaust survivors, their heirs, and related organizations brought
action alleging that religious order aided and abeted Yugoslavian
regime's genocide, war crimes, and looting of property during World
War II
INC, STA, ORG MTD/P SI, LON Plaintiff brought action under the Foreign Sovereign Immunities Act
(FSIA) and the Alien Tort Statute (ATS) against the government of the
Swiss Confederation, a museum, and a private Swiss foundation,
seeking the return of a van Gogh drawing his great-grandmother was
allegedly forced to sell to a Swiss art collector, at a fraction of its fair
value, to help fund her family's escape from Nazi Germany.
IND, STA MTD/P IPC Plaintiff brought suit against defendants for 10 claims of relief in
connection with his custody by the BOP.
OFF MTD/P NJPQ Plaintiff, purportedly the acting Regent of the Kingdom of Hawaii,
brought pro se action under the Alien Tort Statute (ATS) challenging the
constitutionality of the annexation of the Hawaiian Islands by the United
States and seeking a declaration that his Hawaii conviction for theft
violated federal and international law
STA LON Plaintiff Mohammed Saleh filed a federal lawsuit to address his
incarceration at the United States Penitentiary, Administrative
Maximum Prison in Florence, Colorado (“ADX”) and the alleged
violation of his constitutional rights
INC D/MTD Children of former union leaders who were murdered in Colombia sued
corporation and its subsidiary which managed its mining operations,
and two employees alleging that entities and employees hired
paramilitaries from United Self-Defense Forces of Colombia (AUC) to
assassinate their fathers,
INC GDJ SI Plaintiffs filed suit on allegations that they suffered physical and
psychological damages as victims of a forced labor scheme in which
defendant, Curacao Drydock Company, Inc. (“Curacao Drydock”), in
concert with the government of Cuba, trafficked them to Curacao and
extracted forced labor.
INC MTD/WP NNP Claimants sought class certification of their proofs of claim, which
stemmed from prepetition actions that were brought against Chapter 11
debtor-automobile manufacturer under Alien Tort Statute and alleged
that debtor had aided and abeted South Africa's apartheid system.
STA, INC LON Plaintiff sued to recover possession of a Vincent van Gogh drawing that
his great-grandmother sold to a Swiss art collector in 1933, allegedly
under duress and at an artificially low price, in order to finance her
family's escape from Nazi Germany.
STA MTD/P LON, SI Plaintiff filed suit, alleging that he was unlawfully convicted and
wrongfully imprisoned in 2001, and that the defendants conspired “to
violate the criminal laws of the United States of America (perjury) and
[plaintiff's] constitutional and civil rights to a fair trial
IND MTD/P SOL Colombian alien brought action against police officers, alleging violation
of his constitutional rights in connection with his arrest and drug
convictions.
OFF, STA MTD/P Qian Ibrahim Zhao says that an officer of the Central Intelligence
Agency stopped him on the streets of Washington, D.C., in 2004. Zhao
says that the agent searched him and questioned him for four hours. He
also says that the agent took his Chinese passport, camera, video tapes,
notebook, and cellular-telephone contacts. Plaintiff sued the government
and this agent for a variety of legal theories: unreasonable search and
seizure under the Constitution, slander, due process, the Torture Victim
Protection Act, and the Alien Tort Statute
STA, OFF MTD/P S, LON, Alien father brought action on behalf of his adult son who was a United
NJPQ States citizen that had allegedly been “targeted” for killing by the United
States as a suspected terrorist
IND MSJ P Alien brought action against her stepsisters and stepsisters' mother,
alleging that alien was trafficked from Ecuador and forced to work in
stepsister's home, and asserting claims under the Alien Tort Statute
(ATS), the Fair Labor Standards Act (FLSA), and under state law.
INC MTD/P NI; NSA Alleged victims of human rights abuses in Iraq brought action, under
the Torture Victims Protection Act (TVPA), against oil company and
French bank alleged to have aided the regime of Saddam Hussein in
obtaining income in violation of the United Nations Oil-for-Food
Program
INC, IND V/D Plaintiffs allege that defendants engaged in systemic human rights
violations by the Iranian government. Plaintiffs have been and are beign
subjected to brutal treatment in violation of some of the most universally
recongized standards of international law, including torture, arbitrary
arrest, detention without trial, disappearances, incommunicado
detentions, forced confessions, extrajudicial killings, cruelty and various
other forms of degrading treatment
INC DDJ LON Plaijntiff filed claim under ATS but did not identify law of nations. Only
provided one treaty provision which provides for extradition for the
crime of counterfeiting
OFF, STA, INC MTD/WP LON, FL Plaintiff alleged that he was provided with inadequate medical care and
breach of contract during his time as an inmate
INC MSJ/P LON Plaintiffs sued various members of the Firestone corporate family over
allegedly illegal working conditions
STA, OFF MTD/P NI Plaintiff filed suit against defendants the Republic of Iraq, former
President Saddam Hussein, the Ba‘ath Socialist Party, and other officials
and/or representatives of pre-invasion Iraq.
INC D/MTD Plaintiffs filed suit seeking payment and redemption of certain German
gold-dollar bearer bonds, claiming that looting alleged by defednants
never occurred and instead defendants schemed to defraud
bondholders. One of the 24 counts was under ATS
INC MSJ NPP Group of Liberian children brought action against multinational rubber
company, alleging child labor in violation of Alien Tort Statute (ATS)
INC MTD/P LON Plaintiffs claimed to have suffered injury as a result of localized
environmental pollution and contamination emanating from
manufacturing sites located in the cities of Paulinia and Cosmopolis,
Brazil
OFF, STA DDJ SI Former domestic servant, an Indian citizen, brought action against
former Kuwaiti diplomat, her employer, and State of Kuwait, alleging
former diplomat subjected her to slavery, including trafficking,
involuntary servitude, forced labor, and sexual abuse, and asserting
claims under New York law for failure to pay legally required wages,
fraud, unjust enrichment, and breach of contract.
INC MTD/WP NGG Plaintiffs filed suit against employer for negligence, conversion,
intentional infliction of emotional distress, wrongful detention,
malicious prosecution, retaliation, and defamation.
IND, OFF D/MTD Acting individually and as representatives of the estates of relatives,
plaintiffs brought action, under the Torture Victim Protection Act
(TVPA) and the Alien Tort Statute (ATS), against a former Peruvian
Army officer, alleging, inter alia, extrajudicial killing, torture, and war
crimes arising out of a massacre in a Peruvian village during a civil war.
INC MTD/P NNP Ps alleged that Royal Dutch Petroleum Co. aided and abeted the
Nigerian military when it killed, tortured, and raped protestors who
opposed the oil company's pipeline.
IND, OFF SET HOS Plaintiff alleges that Defendants, under the actual or apparent authority
of the United Arab Emirates (“UAE”) government, abducted,
imprisoned, and brutally tortured him, a United States citizen, for nearly
two years.
INC MTD/P S Ecuadorian provinces and Ecuadorian citizens and residents sued
companies which, pursuant to contract with United States government,
sprayed pesticides over cocaine and heroin farms in Colombia, alleging
violations of Alien Tort Claims Act (ATCA) and intentional and domestic
common law.
IND, INC MTD LON; NSA Plaintiffs sought to hold liable for terrorist atacks on United States those
who provided material support to terrorists and terrorist organization
for wrongful death and survival, assault and batery, and intentional
and negligent infliction of emotional distress
INC JTD NI, P Plaintiffs filed suit against oil company asserting common law claims for
negligence and intentional torts under California and Nigerian law, for
allegedly acting through Nigerian subsidiary to pay Nigerian military to
carry out atacks on offshore oil platform, during which crimes against
humanity were purportedly commited against citizens occupying
platform to protest subsidiary's destruction of environment and refusal
to provide jobs to local population.
STA MTD/P SOL, Plaintiff filed civil action asseritng a violation of his rights under the
NCPA Vienna Convention to contact the Jamaican consulate.
INC MTD LON Malian children, who were forced to labor on cocoa fields in Cote
d'Ivoire, as well as human rights organization, brought class action
against multinational corporations which purchased and assisted with
production and cultivation of cocoa beans,
INC, STA MTD/P SSP Foreign nationals who were allegedly transferred in secret to other
countries for detention and interrogation pursuant to Central
Intelligence Agency's (CIA) extraordinary rendition program brought
action under Alien Tort Statute against company that purportedly
assisted in program.According to plaintiffs, this program has allowed
agents of the U.S. government “to employ interrogation methods that
would [otherwise have been] prohibited under federal or international
law.” *1074 Relying on documents in the public domain, plaintiffs, all
foreign nationals, claim they were each processed through the
extraordinary rendition program.
STA MTD/P SOL Imprisoned Jamaican citizen proceeding in forma pauperis filed civil
rights action seeking monetary relief on ground that New Jersey and
Pennsylvania law enforcement officials denied him his right to consular
notification under Vienna Convention on Consular Relations.
INC MTD/P LON Plaintiffs filed suit against defendants for their conduct in connection
with the nationalization of the Bigio's property by the Egyptian
government that resulted in seizure and confiscation of property in
violation of international law
STA, IND Drug search that lead to P geting severely burned and receiving
inadequate health care
ORG MTD/P LON state of Israeli citizen, who was shot and killed as she drove her car in
the Gaza Strip, among others, brought action against the Palestinian
Authority (PA) and the Palestine Liberation Organization (PLO)
INC Plaintiffs maintained that Plaintiffs had been and still were performing
the allegedly illegal work with the full knowledge of Defendants—even
after Defendants had instituted a “zero tolerance” prohibition against all
child labor
INC American and foreign victims of terrorist atacks in Israel, the West
Bank, and Gaza, or their family members, brought actions against
Jordanian bank alleged to have provided banking and administrative
services to terrorist organizations.
OFF MTD/P SI Plaintiff alleges that two U.S. Consulate officials in Morocco commited
fraud in issuing a passport with a falsified identification of his minor
daughter, so that his wife could abduct her and transport her from
Morocco to the United States.
STA, OFF, INC MTD/P SI, S American citizen arrested by Chilean government sued Republic of
Chile and various Chilean government officials for alleged abuse by
Chilean criminal courts, and sued airlines for alleged damage to
containers of fruit during transport.
INC MTD/P LON Chinese national Liu Bo Shan (the “plaintiff”) has sued his former
employer, China Construction Bank Corp. (the “Bank”), alleging it
convinced employees to levy false charges that resulted in the P's
torture, prolonged arbitrary detention, and cruel, inhumane and
degrading treatment or punishment in violation of customary
international law at the hands of the police.
ORG MTD/P LON, PJ, Victims of 9/11 terrorist atacks brought actions against alleged
NI supporters of terrorist organization, alleging that their provision of
support helped to facilitate atacks.
OFF MTD/P NGG Plaintiff brought suit against defendant for torture and for breach of
contract, conversion, breach of fiduciary duty, intentional infliction of
emotional distress, and malicious prosecution in violation of the
common law of the State of Texas.
STA MTD/P LON Plaintiff is seeking monetary damages for asserted violations of his
rights under the Fourth Amendment by false arrest and illegal search
and seizure, and violation of the Fourteenth Amendment due process
rights.
STA MTD/P NJPQ the owners of a Sudanese pharmaceutical company claimed that the U.S.
government destroyed their plant on the based on the mistaken belief
that the company produced chemical weapons for Osama bin Laden,
when, in fact, the factory produced half the medicinal products in the
country and had no ties to bin Laden.
STA MTD/P SOL, Plaintiff filed civil action asseritng a violation of his civil rights
NPRA
Natives of Somalia brought action under the Torture Victim Protection
Act (TVPA) and the Alien Tort Statute, seeking to impose liability against
and recover damages from former high-ranking government official for
alleged acts of torture and human rights violations commited against
them by government agents.
OFF MSJ HOS, The plaintiff alleged that the defendant aided the bombing of PanAm
NJPQ,S Flight 103 in 1988
OFF MTD/WP HOS, The plaintiff alleged that the defendant aided the bombing of PanAm
NJPQ,S Flight 103 in 1988
STA, OFF MTD/P IPC Plaintiffs pro se commenced this action against a number of German
courts, prosecutors, and judges, as well as the Federal Republic of
Germany itself, to recover for injuries sustained as a result of a tax
prosecution by the German authorities.
INC PMTD/WP LON Plaintiffs filed on behalf of decedents who were murdered by the AUC's
Juan Andres Alvarez Front in furtherance of its agreement with
Drummond to provide security, pacify the area, and otherwise ensure
that the civilian population in and around the Drummond mine and its
railroad line would not in any way provide support or cooperation to
the FARC or other leftist rebels
OFF MTD/P LON, NSA Asemani, a native of Iran, claims that Defendants' agents detained and
tortured him because he is an adherent of the Baha‘i faith.
STA, OFF MTD/P LON State prisoner proceeding pro se brought civil rights action against
government. Diaz also argues that the district court erroneously
dismissed his allegations of constitutional deprivations stemming from
mistreatment he received in the Georgia state prison system.
STA MTD/P NA Current and former federal prisoners brought action against various
prison officials, alleging that the low wages they were paid for work
performed in prison violated their rights under the Fifth Amendment
and international law.
INC MTD/P NI Plaintiff, proceeding pro se and in forma pauperis, filed her complaint
alleging employment discrimination based upon “age, sex, retaliation,
disability, religion”
STA American servicemen injured in a terrorist organization's bombing
atack in Saudi Arabia, along with one serviceman's mother brought suit
alleging that those defendants provided material support and assistance
to terrorist organization responsible for the atack.
INC, IND MTD/P LON, NI Survivors who had been injured, and relatives of those who had been
killed in 21 suicide bombings in Israel between the years 2000 and 2003
filed suit against United States oil companies and individuals in the oil
business for financing terrorism by violating United Nation's Oil-for-
Food Program (OFP) through illegal purchase of oil from Saddam
INC MTD PJ American,
Hussein, andIsraeli, and Canadian
for violations civilians
of Torture who Protection
Victims were injured
Actand whose
(TVPA),
family members
Alien Tort Statutewere killed
(ATS), andinAntiterrorism
series of terrorist rocket Defendants
Act (ATA). atacks on
civilians
moved tointransfer
Israel brought
venue andaction under the Alien Tort Claims Act and
to dismiss
under Israeli law against United States and Lebanese banks which
allegedly provided terrorist organization with wire transfer services.
OFF MTD/P Plaintiff, a state prisoner incarcerated at a correctional facility, filed a
complaint pursuant to ATS
INC MTD/P NI Plaintiff, proceeding pro se and in forma pauperis, filed her complaint
alleging employment discrimination based upon “age, sex, retaliation,
disability, religion”
ORG MTD/P LON Rosario Veiga brought suit against the World Meteorological
Organisation (the “WMO”) and several individual defendants after she
was wrongly dismissed from her position at the WMO.
INC Plaintiff filed suit against defendant for claims relating to slaver and
forced labor
ORG MTD/P LON Palestinian national and family brought action against Palestinian
Authority (PA) and Palestine Liberation Organization (PLO), alleging
that defendants violated law of nations and Israeli law by abducting and
torturing him.
OFF MTD/P SI Survivors of detainees who died at Guantanamo Naval Base sued the
United States and a host of government officials, asserting that the
detainees had been subjected to physical and psychological torture and
abuse, including sleep deprivation, exposure to prolonged temperature
extremes, invasive body searches, beatings, threats, inadequate medical
treatment and withholding of necessary medication, and religious
abuse.
INC MTD/P Estate and survivor of Iraqi citizens brought actions against government
contractor and contractor's private security firm, asserting assault and
batery, wrongful death, intentional infliction of emotional distress, and
negligence, arising from incident in which security personnel allegedly
shot and killed Iraqi citizens in Iraq.
INC D/MTD Plaintiffs brought suit against defendant, alleging that defendant
knowingly and intentionally aided and abeted atacks on civllians in
Israel by provding financial and administrative services to Hamas and
other terrorist groups
IND, INC On August 7, 1998, a devastating truck bomb exploded outside the
American embassy in Nairobi, Kenya. The blast killed more than 200
people, including 12 Americans, and wounded more than 4000 others.
Most of the casualties were Kenyan. The plaintiffs in this case are all
Kenyan: victims, relatives of victims, and businesses harmed in the
atack. They sued defendants Osama bin Laden and al Qaeda for
orchestrating the bombing, and defendant Afghanistan for providing
logistical support to bin Laden and al Qaeda.
STA SET? SI On November 23, 1985, three members of the Abu Nidal Organization3
(“ANO”) hijacked Egypt Air Flight 648, traveling from Athens, Greece to
Cairo, Egypt. At that time, the governments of Libya and Syria
sponsored ANO by providing a variety of monetary, material,
diplomatic, and logistical support.Shortly after takeoff, the plane made
an emergency landing at the Malta International Airport, where it
remained for twenty-four hours until Egyptian Commandos atempted
to board it. The combination of gunfire by the ANO members, a fire
started by the Egyptian Commandos' explosives, and the ANO
members' deployment of hand grenades rendered the plane “damaged
beyond repair” and unfit “for any purpose whatsoever.” Compl. ¶ 51
[C.A. No. 08–504].Plaintiffs, which are both foreign and United States
national juridical entities, provided liability insurance for the hull of the
plane. Following the hijacking, they “compensated” Egypt Air “for the
cost of the destroyed airplane.” Id. ¶ 64.
INC, IND MTD/WP PJ Plaintiffs, Israeli citizens, were injured in or survived family members
killed in missile atacks launched by Hizbullah, a Lebanese terrorist
organization, in July and August of 2006. Plaintiffs brought suit against
corporate defendants, claiming that their provision of certain financial
services to parties associated with Hizbullah constituted terrorism
financing as well as conspiracy and aiding and abeting Hizbullah to
commit genocide, crimes against humanity, war crimes, and terrorism.
IND, INC MTD/P NGG Plaintiff brought suit against defendants for violations related to
trafficking with respect to peonage, slavery, involuntary servitude, or
forced labor
OFF MTD/P SI; NPRA Alien, who had been convicted of illegal reentry into the United States,
filed suit against customs officer who had arrested him and Assistant
United States Atorney who had prosecuted his case, alleging violations
of Vienna Convention on Consular Relations.
IND GDJ laintiffs alleged that Constant founded the Front Revolutionnaire Pour
*546 L'Avancement et le Progres d'Haiti (“FRAPH”) in 1993, and worked
in concert with the Haitian military to terrorize and repress the civilian
population. Plaintiffs further alleged that FRAPH members received
weapons, training, and financial support from the Haitian military, and
that, at the time Plaintiffs were victimized by FRAPH troops, Constant
exercised command and control over FRAPH forces, which operated as
an extension of the Haitian armed forces and under the auspices of the
Haitian political police, the later of which reported directly to the
commander of the Haitian armed forces. Additionally, the district
court's findings of fact confirmed these allegations. Based on testimony
from the evidentiary hearing, the district court concluded that: (1)
“Constant was at all times the de facto leader of FRAPH and was active
in its daily operations”; (2) “[h]e communicated regularly with top
commanders in the armed forces, and received funding from the
military to support FRAPH activities”; and (3) “[FRAPH] exacted
widespread violence against opponents of the military regime, including
... plaintiffs Jane Does I, II, and III ... [by] raid[ing] neighborhoods
populated by Aristide supporters, raping and abducting its targets.”
Victims and family members of persons killed or injured in terrorist
suicide atacks in Israel brought action against oil companies and
personnel, alleging claims under federal tort statutes. Defendants moved
for transfer of venue.
OFF MTD/P IPC Plaintiffs brought action against defendant for war crimes commited by
Blacklwater in Iraq during the Iraq War.
INC SET IPC Iraqi nationals, and estates of 19 deceased Iraqi nationals, brought five
actions against eleven business entities, and one individual who
allegedly owned and operated one of entities, alleging that nationals
were killed or seriously injured by defendants while defendants
provided security services for United States government.
INC MTD/P LON, NL Sudanese who alleged that they were victims of human rights abuses
commited by the Government of the Sudan, brought action against
Canadian corporation, alleging that corporation aided and abeted or
conspired with the Sudan to advance those abuses that facilitated the
development of Sudanese oil concessions by corporation's affiliates. At
the heart of plaintiffs' complaint is the allegation that the Government
created a “buffer zone” around GNPOC facilities by clearing the civilian
population to secure areas for exploration. Witness testimony and
internal Talisman reports show evidence of forced displacement. For
example, a 2002 Greater Nile report describing the “buffer zone” around
the Heglig camp explained that “[t]he remaining nomads ... are being
‘encouraged’ to complete their move through the area as soon as
possible. The area within the security ring road while not a sterile area
as found on security operations elsewhere ... is moving in that
direction.” A 1999 security report stated that “[t]he military strategy,
driven it appears by the GNPOC security management, is to create a
buffer zone, i.e. an area surrounding both Heglig and Unity camps
inside which no local setlements or commerce is allowed.”
STA MTD/P SOL Plaintiff brought action because he was not informed of his right to
contact the Mexican Consulate under Vienna Convention of Consular
Relations and was dissatisfied with his court-appointed counsel
ORG, IND MTD/P NI, P Widow and sons of U.S. citizen allegedly tortured and killed in the West
Bank of Israel brought action against three individuals, the Palestinian
Authority (PA), and the Palestine Liberation Organization (PLO),
alleging violations of the Torture Victim Protection Act (TVPA), the
Alien Tort Statute (ATS), and federal common law.
IND, INC SET Plaintiff brought action against an American company and its alleged
owner and one of its independent contractors for the alleged murder of
an Iraqi citizen by the contractor
INC MTD/P LON Iraqi nationals, or their widows, brought actions against two American
companies that had contracted to provide interrogators or interpreters
for United States military, arising out of the alleged infliction of abusive
treatment or torture while plaintiffs, or their decedents, were detained
by U.S. military forces at an Iraqi prison.
ORG MTD/P LON Plaintiffs allege that their property was “seized, carried away and
deposited, or otherwise added to the Ustasha Treasury by agents of the
Ustasha Regime” and that such property was “deliberately concealed,
laundered, hypothecated, commingled and converted by [ ] OFM and its
agents for the benefit of [OFM] and members of the former Ustasha
Regime.”
STA, OFF, INC GDJ Plaintiff brought suit against defendants in connection with the arrest
and detention of Plaintiff Omar Rodriguez Saludes by the Cuban
government.
INC, IND MTD/P NS Plaintiffs brought class action seeking damages for assault, supporting
terrorism, crimes against humanity, violations of civil and human rights,
torture of decedents of the plaintiff and members of the class and their
decedents. Such violations were commited by defendants and their
agents, and also in concert with FARC
D/MTD Plaintiffs allege that the Central Intelligence Agency (“CIA”), working in
concert with other government agencies and officials of foreign
governments, operated an extraordinary rendition program to gather
intelligence by apprehending foreign nationals suspected of
involvement in terrorist activities and transferring them in secret to
STA MTD/P NA, FL, The complaint
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human rights.
IND JTP This case arises from the tenure of Charles McArthur Emmanuel (a/k/a
Chuckie Taylor, or “Mr. Taylor”) as the commander of the Liberian Anti–
Terrorism Unit (ATU) from 1997–2003. See Complaint, at ¶ 3 [D.E. 1].
During this time, the ATU—under Mr. Taylor's control—terrorized the
civilian population of Liberia by carrying out acts of torture, cruel
punishment, arbitrary arrest, and prolonged detention.
INC MTD/P FNC Aliens brought action against their former employer based on events in
Guatemala during labor dispute.
IND, OFF Plaintiffs brought action against defendant for actions he allegedly took
while serving in the Peruvian army in 1985.n or about August 14, 1985,
Hurtado's unit positioned itself in the town of Quebrada de Huancayoc
and, during the course of the day, despite finding no weapons or traces
of Sendero Luminoso, tortured, raped and killed villagers, including
several women and children. From their hiding place, Plaintiffs, who
were children at the time, witnessed the abuse and murders of their
families and other villagers. Thereafter Plaintiffs managed to escape the
military forces.
STA, OFF, IND MTD/WP LON Club patron, who was an alien and a minor, brought § 1983 action
against city and city police officer, in his individual and official
capacities, alleging Fourth and Fourteenth Amendment violations
arising out of incident outside club. Patron also alleged violation of law
of nations, and state law claims of assault, batery, and intentional
infliction of emotional distress.
INC MTD/P NL, LON, In consolidated actions, Colombian trade union leaders and
IPC representatives of deceased employee brought suit against United States
soft drink licensor and its Colombian subsidiary, together with
Colombian botler and its managers, alleging that defendants
collaborated with Colombian paramilitary forces to murder and torture
them.
INC Current and former residents of Papua New Guinea (PNG) brought
action against international mining group, alleging that they or their
family members were victims of international law violations in
connection with operation of copper mine in PNG. Plaintiffs allege that
defendants' mining operations on Bougainville destroyed the island's
environment, harmed the health of its people, and incited a ten-year civil
war, during which thousands of civilians died or were injured. They
assert that defendants are guilty of war crimes and crimes against
humanity, as well as racial discrimination and environmental harm that
violates international law.
STA, INC MTD/P SI, LON Plaintiff brought action because throughout the proceedings, Judge
Rojas Arancibia denied Mr. Carpenter rights guaranteed by Chile's
Constitution, such as a court-appointed interpreter, an atorney, and an
opportunity to review his court file.
INC MTD/P FNC Plaintiffs, citizens of Turkey allegedly injured and imprisoned in a labor
dispute in that country, brought action against American soft-drink
manufacturer and its Turkish licensee
MTD/P AGENCY
INC SET Plaintiffs brought claims against defense contractor for torts in
Afghanistan. Not really an ATS case at all -- more about alleging breach
of contract. No torture allegations, etc.
MTD/WP FTEAR Relatives of victims killed in so-called Gas War in Bolivia brought action
against the former president of Bolivia and the former minister of
defense of Bolivia, seeking compensatory and punitive damages under
the Torture Victim Protection Act (TVPA). The plaintiffs allege that Mr.
Lozada and Mr. Berzain, in September and October of 2003, directed the
Bolivian military and police to carry out extra-judicial killings of
Bolivian citizens who were members of Bolivia's indigenous Aymara
community in the cities of Warisata and El Alto during and after clashes
with protestors and demonstrators who had blocked roads and
prevented travelers from going to La Paz, the capital.
Nigerian émigrés sued two foreign holding
companies, one incorporated in the Netherlands and
one incorporated in the United Kingdom, under the
Alien Tort Claims Act (ATCA) and other laws, alleging
that companies participated in human rights
violations against them in retaliation for their political
opposition to companies' oil exploration activities in
INC SET Nigeria.
OFF MTD/WP PJ Sheikh Issa then fabricated false accusations of marijuana possession
against Mr. Nabulsi, which the police adopted. Of course, the resulting
search of Mr. Nabulsi's home revealed no marijuana, and the test
performed on Mr. Nabulsi's urine was also negative for any type of drug
use. At Sheikh Issa's urging, the police and public prosecutor then
fabricated new charges that Mr. Nabulsi was in possession of, and was
distributing, narcotics. Various prescription medications prescribed to
Sheikh Issa and Mr. Nabulsi by Houston physicians and purchased from
pharmacies in Houston pursuant to these prescriptions, were at Mr.
Nabulsi's villa. Mr. Nabulsi was kept incarcerated for approximately two
and a half months where he was continuously tortured. Each day, the
jailors, at the direction of Sheikh Issa, would have a “session” with Mr.
Nabulsi, physically abusing him, humiliating him, and threatening him
with immediate death.
+++++++++++++++++++++++++++++++++++ Plaintiff brought suit against
defendant for torture and for breach of contract, conversion, breach of
fiduciary duty, intentional infliction of emotional distress, and malicious
prosecution in violation of the common law of the State of Texas.
INC D/MTD Relatives of 10 Nigerians who allegedly were detained, tortured, and
executed by Nigerian oil company, in concert with Nigerian government
and with knowledge of subsidiary's corporate parents, brought action
against oil company
INC Plaintiffs brought suit against defendants for knowingly providing
banking and administrative services to various organizations, identified
by the U.S. government as terrorist organizations, that sponsored suicide
bombings and other murderous atacks on innocent civilians in Israel
INC, STA D/MTD Foreign nationals who allegedly had been transferred in secret to foreign
countries for detention and interrogation pursuant to “extraordinary
rendition” program operated by Central Intelligence Agency (CIA)
brought action against company alleged to have taken part in the
program
INC Victims of two shooting incidents in Iraq brought action against security
companies which protected Department of State personnel alleging that
companies were responsible for incidents and asserting claims for war
crimes under the Alien Tort Claims Act, assault and batery, wrongful
death, intentional and negligent infliction of emotional distress, and
negligent hiring, training, and supervision. a
OFF MTD/P LON Alien incarcerated in state prison brought civil rights action under the
alien tort statute against various police and court officials, alleging a
violation of his rights under the Vienna Convention on Consular
Relations (VCCR).
OFF MTD/P SI, P Former detainees at military facility in Guantanamo Bay, Cuba, sued
Secretary of Defense and commanding officers, alleging they were
tortured
PMTD/P LON Nigerian ZmigrZs sued two foreign holding companies and corporate
officer, under the Alien Tort Claims Statute (ATS) and other laws,
alleging that companies participated in human rights violations against
them in retaliation for their political opposition to companies' oil
exploration activities in Nigeria. The amended complaint (“the
complaint”) alleges that plaintiffs and their next of kin (hereafter
collectively referred to as “Plaintiffs”) were imprisoned, tortured, and
killed by the Nigerian government in violation of the law of nations at
the instigation of the defendants, in reprisal for their political opposition
to the defendants' oil exploration activities.
OFF, AGE MTD/P SI Putative class action was brought by or on behalf of citizens injured or
killed in bombing of Gaza apartment building against former head of
Israeli General Security Service (GSS), alleging war crimes and wrongful
death
OFF DSS SOL Plaintiff brought action and alleged that Defendants engaged in a vast
conspiracy to harm him after he was commited to a psychiatric hospital
in August 2006
INC, IND DSS SI CCTV, produced, broadcasted and disseminated material designed to
“organize and support” the anti-Falun Gong abuses, and to “mobilize
the public to become actively involved in the persecution” of Falun
Gong practitioners. Id. at ¶ 31.CCTV's programs were also intended to
instigate and incite security officials against Falun Gong practitioners.
The CCTV material included programs “stress[ing] the need to use
violence and torture to ‘transform’ Falun Gong practitioners,”id. at ¶ 2,
and systematically portraying the Falun Gong as “violent and
dangerous criminals and murderers who must be eradicated.”Id. at ¶
10.In engaging in this “campaign of propaganda,” id. at ¶ 20, CCTV was
“acting in concert with the Central Commitee of [the ruling Chinese
Communist Party (“CCP”) ], the Ministry of Propaganda,” and “Office
610, the office established by the Chinese Communist Party and its
former chair, Jiang Zemin, to carry out the campaign of
persecution....”Id. at ¶¶ 1, 31.In fact, CCTV is “the mouthpiece of the
Chinese Communist Party and has followed its plans and mandates as
well as those of the Central Propaganda Department.”Id. at ¶ 32.
OFF MTD/P LON Alien detainee, proceeding pro se, sued immigration agent and assistant
chief counsel for Department of Homeland Security for damages,
declaration that defendants' actions were unlawful, and correction of
official records, alleging that defendants falsified and failed to file
immigration forms relating to his pending immigration case, causing
him to be denied release on bond.
INC MTD/P LON After parties brought suit against defendant alleging that Jordanian
bank knowingly provided banking and administrative services that
facilitated the actions of the terrorist organizations, Bank brought third
GDJ party
Former complaints against several
domestic servant, other
an Indian banks,
citizen, seekingaction
brought contribution.
against
former Kuwaiti diplomat, her employer, and State of Kuwait, alleging
former diplomat subjected her to slavery, including trafficking,
involuntary servitude, forced labor, and sexual abuse.
INC MTD/P LON, AP This case concerns the civil tort claims of four Iraqi citizens alleging that
United States government contractor interrogators tortured them during
their detention at Abu Ghraib prison in Iraq.
OFF, IND JTP Plaintiff Cecilia Santos was tortured and assaulted while in custody at
the National Police headquarters in San Salvador. On September 25,
1980, she was arrested and accused of planting a bomb. She was taken to
the headquarters of the National Police where she was electrocuted,
physically tortured with acid, and had an object forced into her vagina.
She spent 32 months in confinement.On September 11, 1980, members of
the National Police entered Plaintiff Jose Calderon's home, forced him to
the ground, and murdered Calderon's father.Plaintiff Erlinda Franco's
husband, Manuel, was abducted, tortured, and killed in 1980. He was a
professor at the National University and was a prominent leader of the
Democratic Revolutionary Front (FDR). On November 27, 1980, he
atended a meeting of FDR leadership in San Salvador. While at the
meeting, members of the Security Forces abducted Mr. Franco and five
other leaders of the FDR. Later that day, the bodies of Mr. Franco and
the other five men were found. Each had visible signs of torture.On
August 25, 1983, Plaintiff Daniel Alvarado was abducted by members of
the Treasury Police while atending a soccer game. He was accused of
killing Lt. Cmdr. Albert Schaufelberger, a United States military advisor
in El Salvador. After four days of torture, Alvarado confessed to killing
Schaufelberger. Carranza presided over the ensuing press conference.
After being held in custody for several weeks, Alvarado was questioned
by members of the United States Navy and Federal Bureau of
Investigation about the assassination of Schaufelberger. Alvarado was
unable to provide accurate information about the assassination and
subsequently explained that his confession was coerced through torture.
After imprisonment for over two years, Alvarado fled to Sweden.
D/MTD
INC JTD Labor union and relatives of deceased union leaders brought cause of
action under the Alien Tort Statute and the Torture Victim Protection
Act to recover based on alleged recruitment, by executives of United
States corporation's Colombian subsidiary, of paramilitary forces to
torture and murder union leaders. Plaintiffs also asserted wrongful
death and other tort claims under both Colombia and Alabama law.
STA MTD/P SI Holocaust survivors and heirs and beneficiaries of Holocaust victims
brought putative class action against French government and nationally-
run railroad and bank, stemming from alleged confiscation of victims'
money and property prior to deportations to Nazi-run concentration
camps.
IND, INC MTD/P; MTD/WP LON, IPC, Plaintiff, a citizen of Bangladesh, along with the corporation which
NL employed him and a corporation which was a shareholder in the
employing corporation, brought action alleging that defendants, an
individual and another corporation involved in a business dispute with
plaintiffs caused the individual plaintiff to be imprisoned on false
charges and tortured in Bangladesh.
OFF MTD/P FL, NA Plaintiff appeared to be claiming that he was being falsely imprisoned on
account of particular state actors' processing and disposition of
documents plaintiff filed after entry of his judgment of conviction and
sentence in the Circuit Court of Escambia County, Florida.
IND MTD/WP PJ the plaintiffs filed their Complaint [DE # 1] alleging that Sheikh
Hamdan, the Finance Minister of the United Arab Emirates (“UAE”),
and other unnamed defendants, participated, in their personal capacity,
in the kidnaping, trafficking, and enslavement of young boys from
South Asia and Africa, some as young as two years old, who were
transported to the UAE and other Persian Gulf countries to serve as
jockeys in camel races. The plaintiffs, former child jockeys and their
parents, in their individual capacities and as personal representatives of
the children, allege that during the course of their enslavement as
jockeys, the children were at times, inter alia, starved, deprived of sleep,
injected with hormones to keep them from growing, and sexually
abused. Plaintiff alleged that defendants engaged in, conspired to
engage in, and/or aided and abeted: (1) slavery or the slave trade in
violation of the law of nations; and (2) forced child labor in violation of
the law of nations. Additionally, the plaintiffs assert state law claims for
batery, assault, intentional and/or negligent infliction of emotional
distress, wrongful death, and survival claims against the defendants
OFF, IND, STA MTD/P IPC Canadian resident, acting pro se, brought action on behalf of himself
and his family against individual defendants and United Arab Emirates
government, alleging that defendants caused his family to suffer false
imprisonment, unlawful seizure of property, mental and physical
torture, and other injuries.
OFF, STA MTD/P IPC Ps allege that Colorado prison tortured him and transferred him in
violation of Oklahoma law.
INC Cuban nationals who resided in Florida brought action against operator
of drydock facility, alleging that operator and the government of Cuba
trafficked them from Cuba to Curacao under threat of physical and
psychological harm, including the threat of imprisonment, and forced
them to work on ships and oil platforms there.
OFF MTD/P LON Plaintiff alleged Defendant had harassed and intimidated him in
violation of Article 25 of the Universal Declaration of Human Rights (the
“UDHR”) and removed allegations relating to extortion and racial
discrimination.
AGE, OFF MTD/P LON, SI Plaintiff alleged hat he was arrested by federal officers without receiving
notice of his right, guaranteed by the Vienna Convention on Consular
Relations, to contact his consulate
INC MTD/P LON Plaintiff claimed that the defendants negligently broadcast inadequate
instructions and failed to warn viewers of the risks of following the
instructions shown on the program
OFF MTD/P LON State prisoner, a Jamaican citizen, brought action against Georgia state
officials, alleging violations of his rights under Vienna Convention on
Consular Relations (VCCR).
AGE, OFF MTD/WP IPC Plaintiff was a prisoner in the custody of the United States Bureau of
Prisons who currently is incarcerated at the United States Penitentiary,
Administrative Maximum, in Florence, Colorado.
OFF MTD/WP IPC Plaintiff Solomon Ben–Tov Cohen is being detained at the Immigration
and Customs Enforcement Processing Center in Aurora, Colorado. Mr.
Cohen has filed pro se a Prisoner Complaint claiming that Defendants
have caused him to be denied release on bond. As relief Mr. Cohen seeks
damages, a declaration that Defendants' actions are unlawful, and the
correction of official records.
IND, ORG Plaintiffs brought suit claiming that their decedent was allegedly
tortured and killed by agents of Defendants the Palestinian Authority
(“PA”) and the Palestinian Liberation Organization “PLO”) in the West
Bank.
INC MTD/WP, MTD/P NL, IPC, Plaintiffs are Kurdish women whose husbands were allegedly
FNC imprisoned, tortured, and killed by the Saddam Hussein regime in Iraq
and brought suit against defendants for allegedly providing “kickbacks”
to the Hussein regime in connection with their participation in the
United Nations Oil-for-Food Program (the “OFP”).
INC MTD/P IPC, NSA, Residents and workers in Ivory Coast on banana and pineapple
LON plantations filed action against manufacturers, distributors, and users of
agricultural pesticide 1, 2 Dibromo–3–Chloropropane (DBCP) alleging
genocide and crimes against humanity
STA MTD/P LON, SI Plaintiffs alleged that in international waters off the coast of Ecuador, the
United States Coast Guard Law Enforcement Detachment (“Coast
Guard”), which is owned and operated by the United States, unlawfully
and negligently “stopped, searched, arrested, detained and imprisoned
the Plaintiffs, seized the boat [and] destroyed the cargo and fish owned
by Plaintiffs.”
INC, IND V/D Plaintiff brought action for compensatory and punitive damages against
defendants for conspiring to detain, torture, and cause plaintiff's forced
disappearance
INC PMSJ AGENCY Indonesian villagers brought action against oil corporation, two
American corporate affiliates, and Indonesian subsidiary, alleging
various state law tort claims arising from alleged torture and killings
commited by Indonesian military security force, which was hired to
protect oil field and was paid by subsidiary.
OFF MTD/WP IPC Plaintiff filed complaint that was prolix, repetiive, and overly complex,
alleging civil rights violations and various torts
INC, IND TV Plaintiff, an Iraqi civilian, was imprisoned and tortured at Abu Ghraib.
He brought tort action against those who tortured and conspired with
others to torture him.
STA, OFF, IND MTD/P IPC Federal pretrial detainee who was Canadian citizen and who was held in
county jail brought actions against city and against sheriff, jail
commander, sergeant, jail officers, and United States marshal, in their
official and individual capacities. During Joseph Grieveson's detainment
at the Marion County, Indiana, Jail, he allegedly suffered several atacks
at the hands of other inmates, and one atack by an unnamed jail guard.
INC, IND TV Plaintiff, an Iraqi civilian, was imprisoned and tortured at Abu Ghraib.
He brought tort action against those who tortured and conspired with
others to torture him.
Plaintiff brought suit because at no time during his arrest in 1988 was he
advised by any federal, state or local law enforcement official of his right
STA MTD/WP, MTD/P LON to consular notification under Article 36 of the Vienna Convention
Alien, a dual citizen of Syria and Canada, brought action against United
States and various government officials under the Torture Victim
FSA Prevention Act (TVPA) and the Fifth Amendment, alleging that after
(Causation being detained and mistreated, he was removed to Syria so that he could
MTD/P ) be interrogated under torture by Syrian authorities.
PMSJ
Lizarbe v. Hurtado, 2008 U.S. Dist. LEXIS 109517, 2-3 (S.D. Fla. Mar. 4,
OFF BTP 2008)
Alien incarcerated in state prison brought civil rights action against
various police and court officials, claiming, inter alia, that his rights
under Vienna Convention on Consular Relations (VCCR) were violated
when he was denied opportunity to contact Venezuela Consulate at time
OFF of arrest.
INC MTD/WP FNC Plaintiffs, who were officers of a trade union in Guatemala, allege that
following a labor dispute in Defendants' plantation, Defendants
organized an armed gang of employees and agents alongside
government officials, and that this gang kidnaped the Plaintiffs.
Plaintiffs allege that they were tortured, coerced into denouncing the
trade union on the radio, and then exiled. Plaintiffs were granted
political asylum in the United States, and in exchange they testified
against their alleged atackers as part of an agreement with the
Guatemalan government.
INC MTD/D The plaintiffs in this action bring claims under the Alien Tort Claims Act,
28 U.S.C. § 1350 (“ATCA”), against approximately fifty corporate
defendants and hundreds of “corporate Does.” The plaintiffs argue that
these defendants actively and willingly collaborated with the
government of South Africa in maintaining a repressive, racially based
system known as “apartheid,” which restricted the majority black
African population in all areas of life while providing benefits for the
minority white population.
IND, INC MTD/WP PJ The individual defendants are brothers of the royal family of Abu Dhabi
and citizens of the United Arab Emirates. P sued Ds for torture and
other claims.
Plaintiff, a naturalized American citizen of Iranian birth, brought action
pursuant to Foreign Sovereign Immunities Act (FSIA) against the Islamic
Republic of Iran, its Ministry of Information and Security (MOIS), the
Islamic Revolutionary Guards (Revolutionary Guards), and several
Iranian officials, alleging that he was tortured while in the custody of the
Iranian government.
STA, OFF DSS/WP FL/LON Court understands Ruiz to allege that the defendants associated with the
Mexican Army denied or refused Ruiz access to medical care, abused
their authority, and conspired to deprive Ruiz of his rights. Additionally,
Ruiz complains Mexican laws prohibit judicial review of military
tribunal decisions. Finally, Ruiz asserts that the remaining defendants
conspired to deprive him of his labor and other rights.
STA, OFF, AGE MTD/P SI In action arising out of the alleged confiscation and nationalization, by
the Republic of Poland, of property belonging to a Polish Prince, aliens,
the Prince's heirs, brought action alleging that the United States
Government, by entering into a lease agreement with the Polish
Government to build its embassy on that property, violated the Alien
Tort Statute (ATS), the Federal Tort Claims Act (FTCA), and the Quiet
Title Act of 1972.
INC MTD/P NJPQ Family members of individuals who were killed or injured when Israeli
Defense Forces (IDF) used bulldozers to demolish homes in Palestinian
Territories brought action against manufacturer of bulldozers alleging
that manufacturer provided IDF with equipment it knew would be used
in violation of international law.
OFF MTD/P SOL Arrestee, who was Nigerian citizen, brought action against arresting
officers under § 1983 alleging he was not informed of his rights under
the Vienna Convention. Invoked ATS for a 10 year SOL.
INC Persons subjected to slave labor by German government during World
War II brought action against German businesses which allegedly
benefited, seeking reparations.
INC JTD Bowoto v. Chevron is a class action lawsuit charging Chevron/Texaco
Corporation with gross violations of human rights including
extrajudicial killing; crimes against humanity; and cruel, inhuman, or
degrading treatment in the Niger Delta region.
INC DSS SI CCTV, produced, broadcasted and disseminated material designed to
“organize and support” the anti-Falun Gong abuses, and to “mobilize
the public to become actively involved in the persecution” of Falun
Gong practitioners. Id. at ¶ 31.CCTV's programs were also intended to
instigate and incite security officials against Falun Gong practitioners.
The CCTV material included programs “stress[ing] the need to use
violence and torture to ‘transform’ Falun Gong practitioners,”id. at ¶ 2,
and systematically portraying the Falun Gong as “violent and
dangerous criminals and murderers who must be eradicated.”Id. at ¶
10.In engaging in this “campaign of propaganda,” id. at ¶ 20, CCTV was
“acting in concert with the Central Commitee of [the ruling Chinese
Communist Party (“CCP”) ], the Ministry of Propaganda,” and “Office
610, the office established by the Chinese Communist Party and its
former chair, Jiang Zemin, to carry out the campaign of
persecution....”Id. at ¶¶ 1, 31.In fact, CCTV is “the mouthpiece of the
Chinese Communist Party and has followed its plans and mandates as
well as those of the Central Propaganda Department.”Id. at ¶ 32.
IND, ORG MEHG/JTD Victims of bombing of United States Embassy in Kenya brought action
for damages against al Qaeda. Following grant of victims' motion for
entry of default, victims moved for ex parte proof hearing and entry of
default judgment.
STA Grandson of former Iranian military officer brought action, under the
Foreign Sovereign Immunities Act's (FSIA) state-sponsored terrorism
exception, against the Islamic Republic of Iran and its Ministry of
Information and Security (MOIS), alleging that they sponsored the
extrajudicial killing of the officer, who was gunned down on a Paris
street in 1984.
IND MTD/P SI Plaintiffs, members of the Isaaq clan of Somalia, filed this civil action
under the Torture Victim Protection Act of 1991 (“TVPA”), 28 U.S.C. §
1350 (Note), and the Alien Tort Claims Act (“ATCA”),1 28 U.S.C. § 1350,
against Mohamed Ali Samantar (“Samantar”), a former First Vice
President, Minister of Defense, and Prime Minister of the Democratic
OFF MTD/WP PJ Former
Republicchild jockeys In
of Somalia. and their
their parents, both
complaint, in their
plaintiffs individual
allege that Samantar,
capacities andwho
as the official as personal representatives
was in charge of their
of the Somalia children,
Armed Forcesfiled
in action
the
under Alien
1980s and Tort is
1990s, Statute
liable against
for acts senior government
of torture; officials
extrajudicial of United
killing;
Arab Emirates
atempted (UAE), alleging
extrajudicial killing; that
crimesofficials
againstparticipated,
humanity; warin their
crimes;
personal capacities,
cruel, inhuman, andin kidnapping,
degrading trafficking,
treatment and enslavement
or punishment; and theof
young boys
arbitrary from South
detention Asia
of the and Africa, who were transported to UAE
plaintiffs.
and other Persian Gulf countries to serve as jockeys in camel races.
Defendants moved to dismiss.
IND, INC MTD/P SI, PJ The individual defendants are brothers of the royal family of Abu Dhabi
and citizens of the United Arab Emirates. P sued Ds for torture and
other claims.
INC MTD/WP PJ, LON Plaintiffs allege that Defendants openly associated and conspired with
known members of the paramilitary group, the United Self–Defense
Forces of Colombia (hereinafter the “AUC”) to silence union members,
an act which directly led to the murder of Mendez, a member of the
Union of Workers of the Mining and Energy Industry of Colombia
INC PMTD/P LON Liberian rubber plantation workers, both adults and children, brought
action against multinational corporation and other related defendants,
alleging forced labor, forced child labor, poor working conditions, and
low wages. Defendants filed motions to dismiss for lack of subject mater
jurisdiction and for failure to state a claim.
STA, INC MTD/P LON Personal representative of health care patient's estate and other plaintiffs
brought action against federally funded health care providers, and
federal and state defendants, alleging that they commited multiple civil
rights violations, medical malpractice, Medicare/Medicaid fraud, and
conspired to murder and murdered patient.
INC PMTD NT Ecuadorian citizens and domiciliaries brought action against herbicide
sprayer hired by the Department of State (DOS) to eradicate Colombian
cocaine and heroin poppy plantations, alleging personal injury and
property damage.
IND MTD/P LON Plaintiff, a citizen of Mexico, brought action against her former
husband, alleging that sexual offenses he commited against her in a
National Forest violated federal and Wyoming law.
STA, OFF DSS NCA, In his Complaint, Ruiz asserts various officials of the City of Juarez and
FTEAR the Government of Chihuahua, United Mexican States, have deprived
him of rights under the United Nations Charter (“UN Charter”)1 and the
Universal Declaration of Human Rights (“UDHR”.
ORG, IND MTD/WP FNC Former employee, who was citizen of Portugal and Italy, filed wrongful
termination suit against employer, an international organization
headquartered in Switerland, its officers who resided in Switerland,
and its former legal advisor who resided in Kenya, asserting claims
under international and Swiss laws, and federal and New York laws.
OFF MTD/P SI, AOS, Putative class action was brought by or on behalf of citizens injured or
NJPQ killed in bombing of Gaza apartment building against former head of
Israeli General Security Service (GSS) under Alien Tort Statute (ATS) and
Torture Victim Protection Act (TVPA), alleging, inter alia, war crimes
and wrongful death.
INC D/MTD PAE Papua New Guinea (PNG) residents brought class action under the
Alien Tort Claims Act against international mining group based on
allegations that group's mining operations destroyed their island's
environment, harmed the health of its people, and incited a ten-year civil
war.
INC MTD/P LON Namibian tribe brought action, under the Alien Tort Statute (ATS) and
federal common law, against German company alleged to have
employed slave labor during German occupation of South Africa
between 1890 and 1915.
AGE, STA, OFF MTD/P STA Plaintiff brought action against agents of Drug Enforcement
Administration (DEA), Federal Bureau of Investigation (FBI), Internal
Revenue Service (IRS), United States atorneys, Atorney General, DEA,
FBI, IRS, United States Atorney's Office, and United States to recover for
state torts and statutory and constitutional violations in connection with
prosecution and conviction of plaintiff.
In Count 15, Plaintiff asserts a claim under ATS against the Agent
defendants, for arresting him without informing him of his right to
contact the Indian Consulate.
INC MTD/WP NCA his action involves the alleged failure of Defendant Wal-Mart Stores, Inc.
to adequately monitor its suppliers' factories in foreign countries to
ensure that the suppliers are treating their employees fairly. The non-
California Plaintiffs are workers in Defendant's suppliers' garment
factories in China, Bangladesh, Indonesia, Swaziland, and Nicaragua.
(Complaint 1:10-13.) The non-California Plaintiffs have suffered from
various poor working conditions, including excessive hours or days of
work, withheld pay, confiscation of withheld pay, overtime without pay,
less than minimum-wage pay, denial of overtime pay, less than required
rest periods, lack of safety equipment, denial of maternity benefits,
discrimination because of union activities, and physical abuse.
(Complaint 20:21-30:20.)
In the eleventh claim for relief, two of the non-California Plaintiffs allege
violations of ATS.
OFF MTD/P LON Plaintiff is a citizen of the Dominican Republic. He alleges that in April
1995 he was arrested in Delaware by a patrol police officer. At the time,
the officer advised Plaintiff and another passenger in the car of their
Miranda rights, but Plaintiff is a Spanish speaker, and he did not
understand them. Plaintiff alleges that the officer did not advise him of
his rights under Article 36 of the Vienna Convention.
IND This case involves the alleged sexual assault of a female prison inmate
(“Plaintiff”) by a correctional officer (“Defendant”) and comes to the
court as a cause of action for cruel and unusual punishment under the
Eighth Amendment, which applies to the states via Fourteenth
Amendment incorporation.
OFF MTD/WP FTEAR Alien detainees alleging torture by United States military personnel sued
military and civilian supervisors, seeking monetary damages.
OFF SET Alien, citizen from India, brought action against county law
enforcement officials under Alien Tort Statute (ATS) alleging that
officials did not inform him of his right under Vienna Convention on
Consular Relations to notify his consulate of his arrest.
IND U State prisoner brought federal civil rights and Alien Tort Claims Act
complaint against warden and other prison officials.
AGE MTD/P SSP Plaintiff, a German citizen of Lebanese descent, brought action, pursuant
to Bivens and the Alien Tort Statute (ATS), against former Director of the
Central Intelligence Agency (CIA) and others, alleging that he was
illegally detained as part of the CIA's “extraordinary rendition”
program, tortured, and subjected to other inhumane treatment.
OFF DSS Colombia citizen arrested and convicted for drug offense. Pro se case for
violation of Vienna Convention and Sixth Amendment claim. Petition for
Habeas.
IND, INC JTP THIS IS THE TRIAL OF THE CASE. Haitian aliens sued former Haitian
armed forces officer alleging extrajudicial killing of one alien's husband,
torture and arbitrary detention of second alien, and fraudulent transfer
of former officer's funds to avoid civil judgment in Haiti, and asserting
claims under Alien Tort Claims Act (ATCA), Torture Victim Protection
Act (TVPA), and state law.
This is the trial of the case
OFF MSJ/P FTP Hassan Zakari Fagge, (“plaintiff”), bringing this action against John
Carbone, Mark Stokes (collectively “federal defendants”), William
Fasser, Al Campiana, and Dr. Rajesh Wadhwa (collectively “state
defendants”), alleging that defendants violated his rights under the
Fifth, Eighth, Ninth, and Fourteenth Amendments to the United States
Constitution while he was detained at Monmouth County Correctional
Institution (“MCCI”) by denying him access to adequate medical
treatment and acting with deliberate indifference to his serious medical
condition as an insulin-dependent diabetic
OFF MTD/P NPRA Plaintiff asserts he is entitled to money damages because, after arresting
him, law enforcement failed to advise him of his right, under Article 36
of the Vienna Convention on Consular Relations (“VCCR”), to contact
the South African consulate.
ORG, IND DSS/P FL, NJPQ The plaintiff alleges that former President William Jefferson Clinton
“stole” the plaintiff's agenda. The plaintiff also refers to his prior
litigation against Hillary Rodham Clinton, who is now a United States
Senator and presidential candidate; prior litigation against then-South
Carolina Atorney General Charles M. Condon; his prior atempt to
appeal his state court convictions for armed robbery to the International
Court of Justice
IND MTD/P LON; ICF Father filed suit against mother under International Child Abduction
Remedies Act (ICARA) seeking return of parties' children whom wife
abducted from the Dominican Republic. Mother filed motion to dismiss
for lack of jurisdiction.
INC MTD/WP PJ The plaintiffs are twenty-three people, one of whom is a citizen of Chile
and the rest of whom are citizens of Argentina, all of whom allege that
the entity now known as DaimlerChrysler Argentina (“DC Argentina”)
collaborated with the Argentine government to kidnap, detain, torture,
or kill the plaintiffs or their relatives during Argentina's military regime
of 1976 to 1983, known as the “Dirty War.”
STA, OFF MTD/P NV Representatives of victims of aircraft terrorism sued Libya, and Libyan
director of airline security, seeking compensation for representatives'
injuries.
AGE, OFF DSS/P SOL Plaintiff, a federal prisoner appearing pro se and in forma pauperis,
brings this civil rights action. Relied on 1350 to extend the SOL.
STA, AGE DSS PJ Torture victim brought suit against the Islamic Republic of Iran, the
Iranian Ministry of Intelligence and Security (MOIS), the Islamic
Revolutionary Guards, and individual Iranian officials, seeking money
damages for torture injuries he suffered while in custody of the Iranian
government.
IND, ORG MTD/P LON Plaintiffs state that they bring this action for damages caused by
Defendants' “acts of terrorism as defined in federal law, and by reason
of related tortious terrorist behavior.” (TAC at 2.) Further, Plaintiffs
specifically allege that the PA and PLO failed to “denounce and
condemn acts of terror, apprehend, prosecute and imprison persons
involved directly, and/or indirectly in acts of terrorism and outlaw and
dismantle the infrastructure of terrorist organizations. lows. Defendant
PA is in de jure and de facto control of territories in the Gaza Strip and in
the Judea and Samaria regions of the West Bank. (Complaint ¶ 1.)
Defendant PLO is in de jure and de facto control of Defendant PA. (Id. ¶
2.) Dismissed Defendant Alkativ was a commander of the Palestinian
General Intelligence Services and of the Al Aksa Brigades in Rafiach, an
official law enforcement agency of the PA responsible for maintaining
public order and prevention of violence and terrorism in the territories
controlled by the PA and PLO. (Id. ¶ 4.) Alkativ also acted as purchasing
agent of armaments for the PA and PLO and such armaments were used
by young Palestinian operatives for acts of terror against Israel and its
inhabitants. (Id. ¶ 4.)The PA and PLO advocated, encouraged, solicited,
facilitated, incited, sponsored, organized, planned and executed acts of
violence and terrorism against Jewish civilians in Israel, Gaza and the
Judea and Samaria regions of the West Bank. (Id. ¶ 6.) The United States
and Israel repeatedly demanded that the PA and PLO take effective
measures to prevent further terrorist atacks. (Id. ¶ 7.) In violation of
their undertakings and obligations under the Oslo Accords and under
international customary law and local law, the PA and PLO refused and
ignored American and Israeli demands to take effective measures to
prevent further terrorist atacks. (Id . ¶ 8.)Defendants PA and PLO
granted financial support to the families of members of the Al Aksa
Brigade who had been captured or killed while carrying out acts of
terrorist violence against Jewish civilians in Israel, Gaza and the Judea
and Samaria regions of the West Bank, thereby providing the Al Aksa
Brigades and its members with strong financial incentive to continue to
carry out the violence and terrorism against such victims. (Id. ¶ 9.)
Defendants PA and PLO, through their respective agents continuously
advocated, encouraged, solicited, facilitated and incited the use of
violence and terrorism against Jewish civilians in Israel, Gaza and the
Judea and Samaria regions of the West Bank. (Id. ¶ 11.)Dismissed
Defendant D'hliz was a convicted terrorist and member of the Al Aksa
Brigades who purchased armaments for the PA and PLO under the
orders of Alkativ.
OFF MTD/P SI Alleged victims of Israeli bombing in southern Lebanon brought action
under Alien Tort Claims Act (ATCA) and Torture Victim Protection Act
(TVPA) against officer who was the head of Israeli Army Intelligence at
the time, alleging war crimes, extrajudicial killing, crimes against
humanity, and cruel, inhuman or degrading treatment or punishment.
OFF MTD/V LON Plaintiff, a federal inmate proceeding pro se, filed this “Complaint under
the Alien Tort Claim Act 28 U.S.C. § 1350,” alleging that his rights
guaranteed by Article 36 of the Vienna Convention on Consular
Relations (“Article 36”) were violated.
OFF MTD/P NCA/IRS Plaintiff contends that he is an illegal immigrant from Uruguay. Plaintiff
asserts that, during his incarceration at the Glynn County Jail, he
informed officials of his status as an illegal immigrant. Plaintiff also
asserts that he was not allowed to contact the consulate of Uruguay, in
violation of the Vienna Convention. Plaintiff avers that the Uruguayan
consulate could have: provided him with vital information concerning
legal representation; notified his family in Uruguay of his arrest;
negotiated a lesser sentence; arranged his deportation to Uruguay; and
arranged to have his sentence completed in Uruguay.
P alleges that a police officer was not helpful and intimidated her.
Plaintiff randomly cites ATS.
INC Bowoto v. Chevron is a class action lawsuit charging Chevron/Texaco
Corporation with gross violations of human rights including
extrajudicial killing; crimes against humanity; and cruel, inhuman, or
degrading treatment in the Niger Delta region.
INC Bowoto v. Chevron is a class action lawsuit charging Chevron/Texaco
Corporation with gross violations of human rights including
extrajudicial killing; crimes against humanity; and cruel, inhuman, or
degrading treatment in the Niger Delta region.
INC Bowoto v. Chevron is a class action lawsuit charging Chevron/Texaco
Corporation with gross violations of human rights including
extrajudicial killing; crimes against humanity; and cruel, inhuman, or
degrading treatment in the Niger Delta region.
AGE MTD/P SOL Plaintiff, a federal inmate proceeding pro se, filed this “Complaint under
the Alien Tort Claim Act 28 U.S.C. § 1350,” alleging that his rights
guaranteed by Article 36 of the Vienna Convention on Consular
Relations (“Article 36”) were violated.
IND D/MJNV Current and former citizens of El Salvador brought suit under Torture
Victims Protection Act (TVPA) and the Alien Tort Claims Act (ATCA)
against former El Salvadoran official who commanded security forces,
alleging he was liable for forces' torture of themselves or relatives and
extrajudicial killing of relatives.
After the trial, defendant files motion for judgment notwithstanding the
verdict.
AGE DSS/P SOL Plaintiff, a federal inmate proceeding pro se, filed this “Complaint under
the Alien Tort Claim Act 28 U.S.C. § 1350,” alleging that his rights
guaranteed by Article 36 of the Vienna Convention on Consular
Relations (“Article 36”) were violated.
INC PMTD LON Current and former residents of Papua New Guinea (PNG) brought
Alien Tort Claims Act (ATCA) action against international mining
company, alleging that they or their family members were victims of
international law violations in connection with operation of copper mine
in PNG.
IND MTD/P NCA, NA, Widow of Guatemalan rebel leader, allegedly tortured and killed in that
AOS country by persons working for the Central Intelligence Agency (CIA),
brought action against CIA, Department of State, National Security
Council (NSC), and numerous named individual federal government
employees, alleging various claims arising under international law and
common law.
STA MTD/P SI Plaintiff with dual citizenship in the United States and Germany brought
action challenging tax assessments levied by the German government
against plaintiff's deceased father. German government moved to
dismiss, and plaintiff moved for leave to perfect service.
IND MTD/P FTEAR Plaintiff essentially seeks injunctive relief and discovery related to his
allegations that USPLVN staff have intercepted and destroyed legal
materials plaintiff prepared for submission to the United States District
Court for the Middle District of Florida. Plaintiff also claims the lighting
in his segregated cell causes him sleep deprivation and constitutes
“mental de-programming.”
INC, IND MTD/WP FNC Four Florida residents and a Florida law firm brought action against
German bank, German national bank, and others, seeking to recover
damages for allegedly false and defamatory statements made about
them in Germany by German bank spokesmen to German newspapers
which were then, in the first instance, published in the German language
in Germany.
This case arises out of the plaintiffs' alleged exposure to sarin nerve gas,
mustard gas and other chemical weapons when they were deployed in
the Middle East during the Gulf War between January 16, 1991 and April
30, 1991.
INC MTD/P LON Iraqi nationals, estate of deceased Iraqi national, and a class of similarly
situated persons brought action against two private government
contractors who provided interrogators and interpreters to United States
military in Iraq, and others, alleging, inter alia, claims under the Alien
Tort Statute (ATS), Racketeer Influenced and Corrupt Organizations Act
(RICO), and government contracting laws, stemming from alleged acts
of torture inflicted upon them while detained in a prison in Iraq.
IND D/MSJ In action brought against former member of military regime in Nigeria
under Alien Tort Claims Act (ATCA) and Torture Victim Protection Act
(TVPA), by victims and survivors of victims of human rights abuses
allegedly carried out by that regime, defendant moved for summary
judgment on issue of whether plaintiffs had exhausted their Nigerian
remedies.
IND, ORG MTD/P LON Plaintiffs, proceeding in pro se, filed this lawsuit against more than 50
separate defendants. The lawsuit arises out of the six years plaintiff
Daniel Keating-Traynor spent in the care of the San Francisco
Department of Social Services.
OFF, STA MTD/P SI This case raises important issues concerning the arrest, detention, and
treatment of aliens of Middle Eastern origin in the immediate aftermath
of the terrorist atacks of September 11, 2001. The plaintiffs were all
illegal aliens at the time. In broad strokes, their claims in this case fall
into two categories. First, they contend that the government used their
status as illegal aliens as a cover, as an excuse to hold them in jail while it
pursued its real interest-determining whether they were terrorists, or
could help catch terrorists. Second, the plaintiffs claim the conditions of
their confinement flagrantly violated our Constitution.
IND, OFF MTD/P NJPQ Victims and survivors of victims of human rights abuses allegedly
carried out by Chilean government brought action, against the United
States and former Secretary of State and National Security Advisor,
alleging torture, false imprisonment, wrongful death, and intentional
infliction of emotional distress, in violation of Alien Tort Statute (ATS),
Torture Victim Protection Act (TVPA), common law, and customary
international law.
IND MTD/P Plaintiff's complaint alleges that Defendant J. Jerry Pilgrim slandered
and defamed her, allegedly in response to Plaintiff's efforts to reveal and
obtain redress for a medical industry conspiracy against Plaintiff and
members of her family.
IPC
IND MTD/P Brock alleges he was falsely arrested on November 23, 2005, while
atempting to “reveal a denial of due process” in his son's case to the
City of Huntsville Police Department. Brock contends the notice sent to
his son, Jesse Brock, was not served properly in that it was not sent by
registered or certified mail with a postal receipt.
FL
ORG, OFF MTD/P The first claim appears to seek the impeachment of President George W.
Bush and alleges that under the so-called “Bush doctrine initiation,”
President Bush ordered his subordinates to engage in acts of torture in
violation of the Alien Tort Claims Act (“ATCA”)1, 28 U.S.C. § 1350, and
the Torture Victim Protection Act of 1991 (“TVPA”)
FL
AGE, OFF MTD/P SSP Plaintiff, a German citizen of Lebanese descent, brought action, pursuant
to Bivens and the Alien Tort Statute (ATS), against former Director of the
Central Intelligence Agency (CIA) and others, alleging that he was
illegally detained as part of the CIA's “extraordinary rendition”
program, tortured, and subjected to other inhumane treatment.
STA, INC GSJP NI The claims in this case arise out of the September 19, 1989, bombing of
UTA Flight 772. The flight originated in Brazzaville, Congo, and was en
route to Paris following a layover in N'Djamena, Chad, when it
exploded. The explosion killed all 170 people aboard the DC-10 airplane,
including seven Americans.
OFF MTD/P NJPQ Former residents of Chagos Archipelago, and their descendants, sued
individual employees of United States and the government, seeking
compensation for their forced removal to make way for United States
naval base, leased from Great Britain.
INC MTD/P RJ The Hereros allege that the defendants facilitated Imperial Germany's
genocidal campaign against their tribe between 1890 and 1915.
OFF GDJ Plaintiffs (six torture survivors and families of the disappeared) filed suit
against former Honduran military intelligence chief
INC MSJ/P LON Plaintiff, Anthony Frazer, Personal Representative for the Estate of
Emmanuel Frazer, brings this action for negligence and negligence per
se against defendant, Chicago Bridge and Iron (CBI)
OFF MTD Alien, a Syrian native who was a dual citizen of Syria and Canada, sued
United States officials pursuant to the Torture Victim Prevention Act and
the Fifth Amendment, alleging he was held virtually incommunicado for
13 days at the United States border and then was ordered removed to
Syria for the express purpose of detention and interrogation under
torture by Syrian officials.
OFF DSS/P SOL n his petition, Reyes-Sanchez challenges the judgment of conviction on
the grounds that: (1) he had ineffective assistance of trial counsel, (2) his
conviction was obtained by the use of a coerced confession, and (3) the
Milwaukee County Circuit Court had no jurisdiction to convict and
sentence him. Specifically, Reyes-Sanchez states that he is a Mexican
National. Running throughout his claims is the underlying theme that
his rights under Article 36 of the Vienna Convention were violated.
INC MTD/P NCA Namibian tribe brought action, under the Alien Tort Statute (ATS) and
federal common law, against German company alleged to have
employed slave labor during German occupation of South Africa
between 1890 and 1915.
IND JTP Salvadoran refugees, who claimed that they were tortured by soldiers in
El Salvador during the course of a campaign of human-rights violations,
brought action against Salvadoran military officials who had become
United States permanent residents, alleging violations of the Torture
Victim Protection Act (TVPA) and Alien Tort Claims Act (ATCA).
INC, STA, AGE DSS/WP FR Relatives of tsunami victims sued Thailand, hotel, and others for failing
to warn.
STA MSJ Norman Anthony King appeals pro se the district court's summary
judgment in favor of the United States and various federal agencies and
federal officials, in King's action asserting tort, contract, and Bivens
claims relating to his imprisonment in Mexico, extradition to the United
States, and prosecution and convictions for bank fraud, wire fraud, mail
fraud, counterfeiting, and money laundering.
FL
Judgment creditors, who obtained judgment against Islamic Republic of
Iran for injuries sustained in a suicide bombing in Israel carried out by
terrorist organization with the assistance of Iranian material support and
training, atempted to enforce their judgment by seeking to execute or
atach various collections of Persian artifacts in the possession of a
university, a museum, and an individual.
IND, INC JTP Haitian aliens sued former Haitian armed forces officer alleging
extrajudicial killing of one alien's husband, torture and arbitrary
detention of second alien, and fraudulent transfer of former officer's
funds to avoid civil judgment in Haiti, and asserting claims under Alien
Tort Claims Act (ATCA), Torture Victim Protection Act (TVPA), and state
law.
STA MTD/P SI Sudanese stock corporation and its owner brought action against United
States alleging negligence, trespass, and defamation under Federal Tort
Claims Act (FTCA) and violation of law of nations stemming from
destruction of pharmaceutical plant, its fixtures, equipment, and
inventory with cruise missiles launched from United States naval vessels
stationed in international waters. Government brought motion to
dismiss.
INC MTD/P FTEAR, Family of peace activist who was run over and killed by a military
LON, bulldozer in the Gaza Strip, and a number of Palestinians who lived in
NJPQ the Gaza Strip and West Bank, brought action against manufacturer of
bulldozers used by Israeli Defense Forces (IDF) to destroy homes of
Palestinians, seeking compensatory and punitive damages, reasonable
atorneys fees and costs, and injunctive and declaratory relief including
an order directing manufacturer to cease providing equipment and
services to the IDF. Manufacturer moved to dismiss.
INC Plaintiffs allege that Mercedes-Benz Argentina (“MBA”)-now known as
DaimlerChrysler Argentina (“DCA”)-collaborated with the Argentine
government to kidnap, detain, torture, or kill plaintiffs or plaintiffs'
relatives during Argentina's military regime of 1976 to 1983, known as
the “Dirty War.”
IND JTP THIS IS THE TRIAL OF THE CASE
Current and former citizens of El Salvador brought suit under Torture
Victims Protection Act (TVPA) and the Alien Tort Claims Act (ATCA)
against former El Salvadoran official who commanded security forces,
alleging he was liable for forces' torture of themselves or relatives and
extrajudicial killing of relatives.
INC (NOTE) Nigerian children, and their representatives, brought suit against
American pharmaceutical manufacturer, seeking damages allegedly
sustained when antibiotic with liver and joint damages side effects was
administered to children in Nigeria, without informed consent being
given. Company moved to dismiss.
IND D/MSJ The plaintiffs in this case are a group of Nigerian nationals who allege
that the defendant, General Abdusalami Abubakar, commited grave
human rights abuses while a member of the military regime that ruled
Nigeria from November 1993 to May 1999.
IND MTD/P LON Father filed suit against mother under International Child Abduction
Remedies Act (ICARA) seeking return of parties' children whom wife
abducted from the Dominican Republic. Mother filed motion to dismiss
for lack of jurisdiction.
STA, AGE, ORG MTD/P SI Estate of serviceman and his surviving family members brought action
against Islamic Republic of Iran, the Iranian Ministry of Information and
Security (MOIS), and the Iranian Islamic Revolutionary Guard Corps,
seeking damages arising from a 1983 Marine barracks bombing in
Beirut, Lebanon, during which 241 American servicemen acting as part
of a multinational U.N. authorized peacekeeping force were murdered
in their sleep by a suicide bomber.
IND D/MTD Current and former citizens of El Salvador brought suit under Torture
Victims Protection Act (TVPA) and the Alien Tort Claims Act (ATCA)
against former El Salvadoran official who commanded security forces,
alleging he was liable for forces' torture of themselves or relatives and
extrajudicial killing of relatives.
INC MTD/P NJPQ Suit was brought against oil companies, alleging that they aided and
abeted civil rights abuses of Indonesian army by hiring components to
guard natural gas pipeline.
IND MTD/P AOS P brought suit against Prime Minister of the Bahamas and other officials,
alleging that the defendant "deprived him full protection."
OFF MTD/D Citizen from India brought action against county law enforcement
officials under Alien Tort Statute (ATS) for failing to inform him of his
right under Vienna Convention on Consular Relations to notify his
consulate of his arrest. The United States District Court for the Central
District of Illinois, Harold A. Baker, J., dismissed action, 131 F.Supp.2d
1024. Citizen appealed.
STA, OFF MTD/P SI Muslim Pakistani pretrial detainee brought action against current and
former government officials, alleging that they took series of
unconstitutional actions against him in connection with his confinement
under harsh conditions after separation from the general prison
population.
STA, ORG, AGE PMTD/P STA Representatives, survivors, and insurance carriers of victims of
September 11, 2001 terrorist atacks brought actions against terrorist
organization responsible for the atacks and its members and associates,
alleged state sponsors of terrorism, and individuals and entities who
allegedly provided support to the terrorist organization, asserting causes
of action under Torture Victim Protection Act (TVPA), Antiterrorism Act
(ATA), Alien Tort Claims Act (ATCA), and Racketeer Influenced and
Corrupt Organizations Act (RICO), as well as claims under New York
law for aiding and abeting, conspiracy, intentional infliction of
emotional distress, negligence, survival, wrongful death, trespass, and
assault and batery.
IND D/MCC Current and former residents of the Republic of the Sudan brought class
action under ATS, alleging that Canadian energy company collaborated
with Sudanese government in policy of ethnically cleansing civilian
populations to facilitate oil exploration activities. Energy company
moved to dismiss.
IND D/MTD Current and former residents of the Republic of the Sudan brought class
action under ATS, alleging that Canadian energy company collaborated
with Sudanese government in policy of ethnically cleansing civilian
populations to facilitate oil exploration activities. Energy company
moved to dismiss.
IND D/MCI Current and former residents of the Republic of the Sudan brought class
action under ATS, alleging that Canadian energy company collaborated
with Sudanese government in policy of ethnically cleansing civilian
populations to facilitate oil exploration activities. Energy company
moved to dismiss.
United States citizens who were residents of Puerto Rico brought action
claiming that their inability to vote in presidential elections violated
their constitutional rights and ran contrary to international obligations
of the United States.
INC V/MTD Guatemalan citizens brought action under ATS against owner and
operators of Guatemalan banana plantation, claiming that defendants
were active participants in torture and other human rights violations
designed to put an end to their leadership in trade union activities.
INC MTD/P ICF, PAE Colombian citizens brought action against oil company and private
security firm under Alien Tort Statute (ATS), Torture Victim Protection
Act (TVPA), and state law to recover for their personal injuries and for
deaths of family members during bombing of village by Colombian
military
INC MTD/P ICF, PAE Colombian citizens brought action against oil company and private
security firm under Alien Tort Statute (ATS), Torture Victim Protection
Act (TVPA), and state law to recover for their personal injuries and for
deaths of family members during bombing of village by Colombian
military
STA MTD/P NJPQ Former “comfort women” sued Japan, alleging they were abducted and
forced into sexual slavery by Japanese Army prior to, and during, World
War II.
INC D/MTD Current and former residents of the Republic of the Sudan brought class
action under ATS, alleging that Canadian energy company collaborated
with Sudanese government in policy of ethnically cleansing civilian
populations to facilitate oil exploration activities. Energy company
moved to dismiss.
INC, ORG MTD/P LON, Persons who were victims of crimes against them and their property
NJPQ, STA during World War II, their descendants, and associated organizations
sued foreign bank associated with religious state, religious brotherhood,
and alleged successor of former foreign regime, alleging conversion,
unjust enrichment, restitution, right to accounting, human rights
violations, and violations of international law.
STA, AGE MTD/P NI Over 80 plaintiffs, who were victims and families of victims of 1983
bombing of United States Embassy in Beirut, Lebanon, brought action
seeking to assign liability for their injuries to the Islamic Republic of Iran
and its Ministry of Intelligence and Security (MOIS).
IND D/MCC Current and former residents of southern Sudan brought suit under the
Alien Tort Statute against Canadian energy company and the
government of Sudan, alleging that they were victims of genocide,
crimes against humanity, and other violations of international law at the
hands of defendants who collaborated in a joint military strategy of
ethnic cleansing. Plaintiffs moved for class certification.
STA, IND, AGE SET Family of journalist who was allegedly kidnapped, tortured, and killed
by terrorist organization brought action against Libya, Libyan head of
state, Libyan intelligence agency, and other Libyan officials, alleging that
the defendants provided support to the organization.
IND PMTD P Nigerian nationals, alleging they suffered grave human rights abuses in
that country, brought action against former head of state under Alien
Tort Statute (ATS) seeking damages
INC MTD/WP Corporate shareholder of former German parent company brought
action against successor to subsidiary company and United States
government, seeking to recover assets that were subject of setlement
between subsidiary and government. Successor moved for dismissal.
INC SET Villagers attacked by oil company
IND JTP Survivors of Chilean official filed action against former Chilean military
officer, alleging extrajudicial killing, torture, crimes against humanity,
and cruel, inhuman or degrading punishment.
INC MTD/P LON Vietnamese nonprofit group and individual Vietnamese nationals
brought product liability action against chemical companies under
international and United States law, alleging personal injury and
property damage caused by herbicides manufactured by companies and
sold to United States for use during Vietnam War.
STA MTD/P STA Cruise ship passenger who allegedly was forcibly removed from ship by
Libyan authorities brought pro se action against Libya for compensatory
and punitive damages, alleging batery, false imprisonment, intentional
infliction of emotional distress, and loss of consortium.
Hostages kidnapped and tortured in Turkey by Kurdistan Workers
Party (PKK) sued Syrian Arab Republic (Syria), seeking damages for
Syria's alleged support of PKK. Syria moved to dismiss.
IND MTD/WP PJ Member of spiritual movement brought action against former Chinese
(improper government official under Alien Tort Claims Act and Torture Victim
service) Protection Act. The anonymous plaintiff, a practitioner of Falun Gong in
China, claims to have been tortured under the direction of Wang
Xudong, the former Communist Party Secretary for Hebei province
IND, ORG, INC D/MTD urvivors, family members, and representatives of victims of September
11, 2001 terrorist atacks, as well as insurance carriers, brought actions
against al Qaeda, al Qaeda's members and associates, alleged state
sponsors of terrorism, and individuals and entities who allegedly
provided support to Al Qaeda, asserting causes of action under Torture
Victim Protection Act (TVPA), Antiterrorism Act (ATA), Alien Tort
Claims Act (ATCA), and Racketeer Influenced and Corrupt
Organizations Act (RICO), as well as claims for aiding and abeting,
conspiracy, intentional infliction of emotional distress, negligence,
survival, wrongful death, trespass, and assault and batery. Actions were
consolidated by Multidistrict Litigation Panel. Various defendants filed
motions to dismiss.
STA, IND, INC MTD/WP AND NGG Investors brought action under Racketeer Influenced and Corrupt
Voluntary Organizations Act (RICO) and Alien Tort Claims Act (ATCA), as well as
dismissal with New York law, against government of Azerbaijan, Azerbaijani officials
prejudice and individuals, and a Swiss law firm and bank, alleging various forms
of fraud and corruption arising out of a purported program to privatize
oil company owned by the government of Azerbaijan.
STA, IND MTD/P NJPQ Former residents of Chagos Archipelago, and their descendants, sued
individual employees of United States, and government, seeking
compensation for their forced removal to make way for United States
naval base, leased from Great Britain. Defendants moved to dismiss.
IND PGDJ AOS Falun Gong practitioners brought actions against local government
officials of the People's Republic of China (PRC), alleging that
defendants' acts violated the Alien Tort Claims Act (ATCA) and the
Torture Victims Protection Act (TVPA). In July 1999, Chinese President
Jiang Zemin and other high ranking officials issued statements declaring
Falun Gong to be an illegal organization and orders initiating a
widespread governmental crackdown against Falun Gong and its
practitioners. Liu Compl. ¶ 30. In October 1999, the People's Congress,
the Chinese national legislature, passed a series of laws outlawing
“cults,” defined to include Falun Gong. Id. As a result, according to the
Plaintiffs, over 100,000 practitioners have been subjected to some form of
“punishment,” including arrest and detention in prison facilities, labor
camps, and mental hospitals, brutal beatings, starvation, and other
forms of torture, including electric shock and nerve-damaging drugs.
Liu Compl. ¶ 31; Xia Compl. ¶ 19. Plaintiffs allege many have died while
in the custody of law enforcement or prison personnel. Id.1
INC MTD/P LON Actions were brought by three groups of plaintiffs, on behalf of
individuals who suffered damages as a result of crimes of apartheid in
South Africa, alleging, among other things, that multinational
corporations which did business in apartheid South Africa, violated
international law and thus were subject to suit in federal district court
under Alien Tort Claims Act (ATCA).
IND GDJ Plaintiff, proceeding under pseudonym, brought action against former
chief of security for organizer of El Salvadoran paramilitary groups,
under Alien Tort Claims Act (ATCA) and Torture Victim Protection Act
(TVPA), alleging that former security chief was complicit in 1980
assassination of El Salvadoran archbishop.
AGE, INC, IND D/MTD Alien asylum seekers sued the Immigration and Naturalization Service
(INS), INS officials, contractor and contractors employees for abuse
allegedly suffered while detained in contractor's facility under contract
with the INS.
INC MTD/P NI, LON German citizens brought action against successor of German
corporation which allegedly profited during the Nazi regime and failed
to turn over assets belonging to Holocaust victims.
OFF GDJ Plaintiff supporters of Falun Gong filed suit against defendant local
governmental officials of China for torts commited in violation of
international and domestic law
OFF, ORG MTD/P DI Zimbabwe nationals who were alleged victims of torture and terror in
Zimbabwe brought class action against Zimbabwe president and foreign
minister, and their political party, invoking Alien Tort Claims Act
(ATCA), Torture Victim Protection Act (TVPA), and norms of
international human rights law. United States Department of State
submited Suggestion of Immunity on behalf of defendants.
IND D/MTD Current and former citizens of El Salvador brought suit under Torture
Victims Protection Act (TVPA) and Alien Tort Claims Act (ATCA)
against former Salvadoran security official, alleging he was liable for
forces' torture of themselves or relatives and extrajudicial killing of
relatives. Official moved to dismiss complaint.
IND JTP Haitian aliens sued former Haitian armed forces officer alleging
extrajudicial killing of one alien's husband, torture and arbitrary
detention of second alien, and fraudulent transfer of former officer's
funds to avoid civil judgment in Haiti, and asserting claims under Alien
Tort Claims Act (ATCA), Torture Victim Protection Act (TVPA), and state
law.
IND MTD/D Canadian resident, acting pro se, brought action on behalf of himself
and his family against individual defendants and United Arab Emirates
government pursuant to Alien Tort Claims Act (ATCA), alleging that
defendants caused his family to suffer false imprisonment, unlawful
seizure of property, mental and physical torture, and other injuries.
STA, IND MTD/P NPRA, plaintiffs seek to hold defendants, the United States of America and
NSA Henry Alfred Kissinger, liable for injuries they and their relatives
sustained at the hands of persons in Chile whose efforts led to and,
thereafter, sustained the regime of General Augusto Pinochet. A
successful coup on September 11, 1973, however, led to the repressive
regime of General Augusto Pinochet. After the coup, from 1973 until
1978, the Chilean Directorate of National Intelligence (“DINA”), headed
by General Manuel Contreras Sepúlveda, coordinated a scheme of brutal
repression, including a system of arrests, torture, execution, and
disappearances, to control the activities of and eliminate individuals
associated with the political left who opposed Pinochet's regime.
ORG MTD/P LON Descendants of Jews murdered during Holocaust in Belzec death camp
in Poland brought action under Alien Tort Claims Act (ATCA) seeking
preliminary injunction to stop Jewish organization from continuing to
fund construction of trench which ran through site of camp. Defendant
brought motion to dismiss.
AGE, INC, IND MTD/D In two separate actions consolidated for discovery purposes,
undocumented aliens, who were detained at Immigration and
Naturalization Service (INS) facility pending determination of their
asylum status, sued private company that operated facility under
contract with INS, alleging that they were tortured, beaten, and
otherwise mistreated by guards and subjected to inadequate living
conditions. Various motions were brought, including the private
company's motion for summary judgment and discovery motions.
IND, AGE DDJ HOS Chinese and American members of spiritual movement sued former
president of People's Republic of China and Chinese-government office
allegedly established to suppress movement, alleging that Chinese
members were subjected to human rights abuses and that American
members were prevented from traveling to Iceland during president's
visit there. In July 1999, President Jiang issued an edict outlawing Falun
Gong. This edict was followed by mass arrests, allegedly farcical trials,
torture, forced labor, “re-education,” and the killing of members.
The appellants filed this lawsuit against President Jiang and Office 6/10
on October 18, 2002. The appellants' complaint, recites, inter alia, claims
of torture, genocide, arbitrary arrest and imprisonment, as well as other
claims related to the appellants' freedom of conscience, movement, and
religion.
STA, AGE, OFF GDJ On July 19, 1982, plaintiff David S. Dodge, the 59–year old Acting
President of the American University of Beirut (“AUB”), was kidnapped
in broad daylight while walking home from work on AUB's campus in
Beirut, Lebanon. He was held captive for one year at various locations in
Lebanon and Iran by soldiers of the Iranian Revolutionary Guard and an
organization of civilian Shiite Lebanese known as Hizbollah, a politico-
paramilitary group.
INC MTD/P s Descendant of heir to German corporation sued German banks, alleging
that before and during World War II banks, in conjunction with Third
Reich, had stolen Jewish heirs' stock as part of “Aryanization” process.
STA, AGE, IND, MSJ/P LON Plaintiff, a Mexican national acquited of murder after being abducted
OFF and transported to the United States to face prosecution, brought action
under Alien Tort Statute (ATS) and Federal Tort Claims Act (FTCA)
against United States, Drug Enforcement Agency (DEA) agents, former
Mexican policeman, and Mexican civilians, alleging that his abduction
violated his civil rights.
Opinion Damages Others Violation of? Lawyer Contact
Information
Court granted in part and denied in part Undisclosed but Torture, cruel,
plaintiff's motion for initial and plaintiffs' legal inhuman, and
jurisdictional discovery fees were covered degrading
treatment,
arbitrary
detention,
indefinite
detention, free
speech
Ds engaged in acts of piracy under the Petition for cert denied Piracy
ATS in April 2015. Motion
practice continues in
district court. Appears
to be on discovery on
court claims and
sanctions motions.
Court dismissed the claims against the No longer active Free speech,
PRC on the basis of sovereign immunity extrajudicial
and dismissed the remaining claims for killings,
lack of third-party standing to enforce kidnapping,
the rights of others and for failing to arbitrary detention
state a claim to enforce his own rights
under the ATS.
Court granted defendant's motion for Setled for $80,000 Prisoners rights
the entry of partial summary judgment on section 1983
except as it relates to the failure to failure to intervene
intervene claim asserted against claim.
defendant Fraser and the retaliation
claim interposed against defendant
Goodman
Court held recommended that plaintiff's Report adopted 2013 Prisoners rights
complaint be dismissed for failure to WL 84919.
state a claim upon with relief may be
granted, this dismissal shold be
considered a strike within the meaning
of the Prison Litigation Reform Act, and
the court certified that an in forma
pauperis appeal will not be taken in
good faith
Court found that jurisdiction was Due process
wanting because the lawfuit against the
defendants is against the US, which has
not consented to be sued under the ATS
Court held that the district court Defendant agreed 08/28/2012 DEFAULT Torturer, abitrary
properly deferred to State Department's to an entry of JUDGMENT AGAINST detention,
position that the defendant be denied default judgment MOHAMED ALI extrajudicial
head of state immunity and that the against him with SAMANTAR.SIGNED killing
defendant was not entitled to foreign damages set at $21 BY DISTRICT JUDGE
official immunity for jus cogens million LEONIE M.
violations BRINKEMA ON
8/28/12. (YGUY)
(ENTERED: 08/28/2012)
Court found that plaintiffs sufficiently Default judgment Human
stated a claim against defendants under against trafficking, forced
the TVPA, ATS, RICO, FLSA, and under Defendants labor
Florida state and common law claims Roberto
and granted plaintiff's motion for final Villanueva and
default judgment Redelina
Fernandez, jointly
and severally,in
excess of $14
million in the
following
amounts:
1. $809,517.41 to
Plaintiff Jose
Auingan;
2. $818,582.04 to
Plaintiff Robert
Bautista;
3. $755,501.50 to
The court denied plaintiff's motion to Plaintiff Aries
reinstate the case because the Caluya;
exceptional circumstances standard was 4. $890,234.41 to
not met due to plaintiffs' abandonment Plaintiff Irene
of its appellate rights in Guatemala. David;
5. $556,438.29 to
Plaintiff Percival
De Quiros;
6. $883,857.89 to
Plaintiff Denlit
Fausto;
*2 7. $774,471.90 to
Plaintiff Jeanete
Halup;
8. $787,338.91 to
Plaintiff Arnold
Laxamana;
9. $822,013.63 to
Plaintiff Roma
Court held that the current President of Lim; War crimes
Rwanda was immune from suit under 10. $775,910.54 to
foreign head of state immuntiy Plaintiff Lucille
Liwag;
11. $890,854.67 to
Plaintiff Roy
Magnifico;
12. $777,453.11 to
Plaintiff Aris
Ordonez;
13. $446,237.70 to
Plaintiff Bonifacio
Ramos;
14. $1,283,018.09 to
Plaintiff Cesar
Ramos;
15. $751,991.86 to
Plaintiff Rezza
Real;
16. $342,208.32 to
Plaintiff Ritche
Relampagos;
17. $516,766.37 to
Plaintiff Ross
Ripotola;
18. $663,527.17 to
Plaintiff Raul
Rueda;
Court held that: (1) material fact dispute For a total Later dismissed.
existed as to whether survivors were on judgment of
inquiry notice that defendans had made $13,545,923.81.
illegal oil payments in Iraq; (2) there was
no evidence that plaintiffs' inability to
acquire essential facts underlying claims
resulted from failure to exercise
reasonable diligence; and (3) twelve
plaintiffs who were not listed in caption
of original complaint were parties to
that complaint
Court held that: (1) group was not genocide, gang
entitled to jurisdictional discovery as to rape, torture,
Indian politician; (2) entry of default extrajudicial
was not warranted on group's ATS and killings, property
TVPA claims against political party; (3) destruction
political party could not be liable under
TVPA; (4) stay was warranted of
indivdiuals' ATS claims against political
party; (5) limited jurisidictional
discovery was warranted on political
party's motion to dismiss human rights
advocacy group's claims; and (6) motion
to amend complaint was premature
Court granted the motion for partial SUBSEQUENT CASE Extrajudicial
dismissal and defendant's motion for HISTORY: 767 F.3d killings
summary judgment because plaintiffs 1229.
had exhausted every possible avenue for
relief--had already brought this case
Court entered total judgment of $21 Judgment of $21 Appeal dismissed (4th extrajudicial
million, consisting of $1 million in million, consisting Circ. 12-2178) (Feb 03, killing, torture,
compensatory damages and $2 million of $1 million in 2014) cruel, inhuman,
in punitive damages for the three compensatory and degrading
individual plaintiffs and four damages and $2 treatment or
represented estates million in punitive punishment,
damages for the arbitrary
three individual detention; crimes
plaintiffs and four against humanity,
represented estates war crimes
Court held that: (1) denial of MTD on expropriation of
political questions grounds was not an property
immediately appealable collateral order;
(2) pendent appellate jurisdiction was
not warranted; (3) banks failed to show
clear and indisputable right to issance of
writ of mandamus
Court dismissed plaintiff's complaint for None Motion to amend was Due process,
not filing adequate complaint and denied on 3/5/2013 prisoners rights
failing to state causes of action
Court dismissed plaintiff's complaint for None Due process,
not filing adequate complaint and prisoners rights
failing to state causes of action
Court held that denying contractors' See 758 F.3d 516 Torture
MTD on claims of law-of-war defense,
Saleh preemption, or Mangold
immunity were not subject to
interlocutory appeal under collateral
order doctrine
Court held that only a natural person is Torture,
an individual who can be held liable extrajudicial
under TVPA killings
Court held that: (1) defendants were Later dismissed Due process,
foreign state within meaning of FSIA; arbitrary
(2) commercial activities exception to detention,
FSIA did not apply; (3) expropriation inadequate
exception to FSIA did not apply; (4) medical treatment
court could not exercise either general
or specific personal jurisdiction over
defendants
Court rejected defendant's claims that Setled for $13 million Rape
ATS claims were barred by the 10-year but not on the ATS
SOL. claims.
Court held that: (1) alleged conduct did Piracy
not violate international norms
prohibiting privacy; (2) whalers were
likley to succeed on merits of their claim
that organization violated COLREGS;
(3) whalers failed to establish
irreparable harm; (4) public interest
weighed against issuing a preliminary
injunction; (5) organization was likely to
prevail on its unclean hands defense
1 Anti–Terrorism Act (ATA) did not The case was dismissed Extrajudicial
preclude terrorism claims based on ATS; by the 11th Circuit on killing,
2 terrorism in general, as well as Kiobel grounds -- No. kidnapping,
providing material support to a terrorist 12-14898 hostage taking
organization, are not actionable claims 01/06/2015.There was a
under ATS; mandate issued as to
3 plaintiffs adequately alleged state Chiquita.
action for purposes of its torture and
extrajudicial killing claims under ATS;
4 plaintiffs sufficiently stated war crimes
claim under ATS;
5 plaintiffs sufficiently stated crimes
against humanity claim under ATS;
6 plaintiffs sufficiently stated claim of
producer's liability for aiding and
abeting group's international law
Court granted
violations underdefendant's
ATS; and motion to Plaintiffs were See subsequent entries. Human
dismiss based
7 plaintiffs on lack of
sufficiently jurisdiction
stated claim ofand awarded $80 Judgement is ultimately trafficking, forced
sovereign
producer'simmunity
conspiracy liability under million in never enforced. labor
ATS. damages total
Court reversed and remanded lower Later dismissed SUBSEQUENT CASE Extrajudicial
court's grant of motion to dismiss HISTORY: 767 F.3d killing
because plaintiffs had standing and pled 1229.
cause of action cognizable under ATS
Court granted plaintiff's motion for
entry of default judgment for punitive
damages
2. $818,582.04 to
Plaintiff Robert
Bautista;
3. $755,501.50 to
Plaintiff Aries
Caluya;
4. $890,234.41 to
Plaintiff Irene
David;
5. $556,438.29 to
Plaintiff Percival
De Quiros;
6. $883,857.89 to
Plaintiff Denlit
Fausto;
7. $774,471.90 to
Court affirmed the judgment of the
District Court for substantially the same
reasons stated in the District Court
decision
Court found that ATS did not apply None Prisoners rights
because plaintiffs claims did not identity
violation of law of nations
Court affirmed the district court's denial Case is stayed and has
of immunity to defendant under the been for quite some
FSIA. The court dismissed the appeal as time.
to the remaining issues.
Second Circuit held that corporations torture,
could not be held liable under the Law extrajudicials, rape
of Nations because they are not
"persons" and no corporation has been
held liable by an international tribunal
before.
Court dismissed case with prejudice Probably setled The case only had state Torture, cruel
following stipulation of the parties (see Drimmer) law claims pendant inhuman and
when it was voluntarily degrading
dismissed so that the treatment
setlement is not
atributable to the ATS.
Court granted motions to dismiss Setled privately. Extrajudicial
because state action was lacking for ATS See docket. killing
and TVPA claims, any ATS exception to
state action requirement did not apply,
and exercise of supplemental
jurisdiction over state law claims was
not warranted.
Court granted in part, denied in part, Confidential out of Case was transferred to extrajudicial
and reversed in part defendants' motion court setlement. the Eastern District of killing
to dismiss and for transfer of venue. Setlement not North Carolina on Feb.
Court found it lacked PJ, claims were based on ATS or 26, 2010. r. 16, 2011 86
insufficient to establish conspiracy TVPA. ORDER of US Court of
jurisdiction, contractor was not subject Appeals - The Court
to liability under ATS and TVPA and DISMISSES appeal,
Court
venue granted
would be intransferred
part and denied in part
to North Appeal
upon suchis all about
terms as Terrorism
defendant's
Carolina. RE:MTD. ATS claims
The ATS, the courtshould corporate
have been liability
agreed to under
by
survive
concluded because they
that the allege violation
plaintiffs had not of the
the ATS. Consolidated
parties, pursuant to
LON, court pled
sufficiently has jurisdiction,
war crimes ANDand do not
that with other of
Rule 42(b) Arab
the Bank
Federal
pose NJPQ
the defendant as a private entity could cases.
Rules of Appellate
not be found liable. Procedure as to 83
Notice of Appeal filed
by ESTATE OF
MARANI AWANIS
MANOOK. (Fogle, L.)
(Entered: 03/17/2011)
Court stayed the proceedings pending or the foregoing Terrorism
the resolution of Doe v. Exxon Mobil reasons, final
judgment against
Al Qaeda will be
entered for the
above 374
plaintiffs by way
of a separate
Judgment Order in
the amount of
$161,309,500 per
person.
Mwani v. Al
Qaeda, No. CV 99-
125 (JMF), 2014
WL 6463227, at *4
(D.D.C. Nov. 18,
2014)
Because the LCRA, Setlement Later, it was found that Expropriation of
Agreement, and Executive Order FSIA did not shield the property
specifically and comprehensively state against liability.
withdraw any exception to sovereign 811 F.Supp.2d 53. This
immunity that may be provided in the was affirmed in 2012
FSIA with regard to Defendants' pre– WL 6608941, D.C.Cir.,
2006 support of terrorist acts, this Court Nov. 27, 2012. Case was
lacks subject mater jurisdiction over the voluntarily dismissed.
Libyan Defendants.
Court dismissed plaintiff's suit with 407 Fed.Appx. 785 Due process,
prejudice because he failed to assert arbitrary detention
violations of LON -- he sustained no
injuries from the detention.
Court affirmed denial of defendant's Default judgment $300,000 have been extrajudicial
motion to vacate default because court entered with recovered so far killing, torture,
had subject mater jurisdiction to enter damges of $4 crimes against
default judgment, service was proper, million in humanity
and defendant failed to demonstrate compenatory and
requisite extraordinary circumstances to $15 million in
warrant vacation of default punitive
The District Court, Henry H. Kennedy, Terrorism
Jr., J., held that balance of interests
favored court's discretionary transfer of
action.
Court dismissed plaintiff's case with On October 15, 2009, War crimes
leave to amend to remedy the factual defendant filed a
allegations as required to state a motion to consolidate
cognizable claim under ATS. Although this case with the five
plaintiffs alleged war crimes violation, related cases
Though court
they failed found that claims
to sufficiently did not
allege facts Setled privately Source:
(Blackwater cases) Extrajudicial
raise NJPQ and could
that defendants' not
actions be dismissed
constituted war (although htp://www.mjtimes.sk.
previously consolidated killings.
for FNC, it found that plaintiffs faield to
crimes estimates of ca/section/2010-01-
for purposes of
state valid federal claims and did not around $20,000- 07/article-
discovery and pretrial
properly plead facts necessary for $30,000 per injured 415332/Company-once-
motions. See In re:
diversity jurisdiction or supplemental plaintiff and known-as-Blackwater-
Blackwater Alien Tort
jurisdiction. Court granted MTD but $100,000 per setles-lawsuits-
Claims Act Litigation,
allowed plaintiffs to amend their deceased plaintiff). alleging-reckless-
Nos. 1:09cv615,
complaints and replead At least 1,700,000 culture,-civilian-
1:09cv616, 1:09cv617,
as there were 17 deaths/1
1:09cv618, 1:09cv645
Iraqis who died (E.D.Va. July 17, 2009)
(according to the (Orders consolidating
AP report). cases). The consolidated
proceeding was
subsequently renamed
In re: Xe Services Alien
Tort Litigation.See In re:
Xe Services Alien Tort
Litigation, Nos.
1:09cv615, 1:09cv616,
1:09cv617, 1:09cv618,
1:09cv645 (E.D.Va. Sept.
8, 2009) (Order).
Court held that abCanadian corporation Genocide, war
provided substantial assistance to the crimes, crimes
Government of the Sudan with the against humanity
purpose of aiding government's
unlawful conduct, Canadian
corporation could not be held liable
under ATS for aiding and abeting
Sudanese government's violations of the
international norms prohibiting
genocide, war crimes, and crimes
against humanity. Applying that
standard, the court affirmed the district
court's grant of summary *248 judgment
in favor of Talisman, because plaintiffs
presented no evidence that the company
acted with the purpose of harming
civilians living in southern Sudan.
Court held that prudential exhaustion SUBSEQUENT CASE War crimes, crimes
requirement was not appropriate before HISTORY: 671 F.3d 736, against humanity,
plaintiffs could bring crimes against 133 S.Ct. 1995, 722 F.3d race
humanity, war crimes, and racial 1109. Case dismissed on discrimination,
discrimination claims against group Kiobel grounds environmental
under ATS and that plaitniffs harms
adequately pled crimes against
humanity but not cruel, inhuman and
degrading treatment under ATS
Court stayed motion to dismiss because 05-365 (NG) (VVP), Gila War crimes
contractual relationship between Afriat-Kurter, et al. v.
companies and Department was Arab Bank, PLC, CV-05-
insufficiently substantial to render 388 (NG) (VVP),
District of Columbia a suitable venue, Michael. Later
criminal and congressional dismissed
investigations of companies were not
basis for venue, allegations that
companies misled Department to obtain
contract to protect personnel in Iraq did
not establish venue and court would
stay companies' motion so that victims
could supplement their opposition to
motion with additional evidence
supporting propriety of venue in
District
The appellants appeal, asserting that Bennet et al. v. Arab Due process
the district court has personal Bank, PLC, CV-05-3183
jurisdiction over SPDC under Federal (NG) (VVP), Arnold
Rule of Civil Procedure 4(k)(2),1 and Roth, et al. v. Arab
that the district court did not provide Bank, PLC, CV-
them sufficient opportunity to conduct
the jurisdictional discovery necessary to
demonstrate this. The appellants also
move to supplement the record with
documents that they contend aid their
case for jurisdiction and that were
recently obtained in response to
discovery requests in the related actions
that remained pending after this action
was dismissed. We now vacate the
judgment and remand for the district
court to reconsider its denial of
jurisdictional discovery and dismissal of
the action in light of the subsequent and
continuing discovery in the related
actions.
No sovereign immunity.
Jury trial for Torture, extrajudicial Extrajudicial
defendants finding killings. killings, torture
no liability. Case
closed on Feb. 26,
2009 .
Can't sue states -- they are immune Exprorpriation of
under FSIA property
In determining whether exhaustion
applies in a particular ATS case, the
defendant bears the burden to plead and
justify an exhaustion requirement.
Court affirmed lower court's order Later dismissed Initially jury verdict Arbitrary
excluding testimony of plaintiff's found for $1.5 million in detention,torture
experts and partial summary judgment compensatory damages
against plaintiffs as well as finding that against both corporate
the court did not have subject mater and individual
jurisdiction. Court found that (1) TVPA defendant and $250,000
allows suits against corporate in punitive damages for
defendants; (2) ATS contains no express individual defendant.
exception for corporations; (3) plaintiffs HOWEVER, after
failed to satisfy state action of TVPA; (4) Kiobel, the Second
district court did not abuse its discretion Circuit reversed the
in refusing to exercise supplemental plaintiff's verdict
Court granted
jurisdiction overdefendant's MTD because None
plaintiffs' wrongful because ATS did not Arbitrary
plaintiff's
death claim facts did Colombian
under not state a vilation
law; (5) of confer jurisdiction. detention
the law court
district of nations, failed
did not to its
abuse establish
discretion
sufficiently aiding andmotion
in denying plaintiffs' abetingfortheory,
plaintiff
additionaldidcontinuance
not allge sufficient
when they facts to
were
claim torture
not able in violation
to complete leterofrogatory
TVPA
process to secure witness' testimony for
rescheduled trial date; (6) district court
did not abuse its discretion in excluding
testimony of late-disclosed witnesses;
and (7)district court did not abuse its
discretion in refusing to allow plaintiffs'
proffered experts to testify
Court dismissed with prejduice No longer active Slavery, forced
plaintiff's federal claims relating to ATS chil labor
and FTCA
Court affirmed grant of MTD because None COA remanded to D. Due process,
(1) mere knowledge, or general intent, Ct. to see if Ecuadorian expropriation of
was not sufficient for claim of genocide law had a basis for suit property
under ATS (citing Genocide under PVA.
Convention); (2) corporate manufacturer
was not state or state-like organization
for purposes of international law and
crimes against humanity under ATS; (3)
se of pesticide had not been carried out
pursuant to state or organizational
policy; and (4) non-served defendants
who were in position similar to
defendant that had appeared could be
dismissed from case on basis that
further amendment would have been
futile
Case was voluntarily dismissed
Court granted in part and denied in part September 23, 2014 2014 torture,
defendant's MSJ, finding that plaintiffs WL 4746256 extrajudicial
have provided sufficient evidence for killings
their allegations of seious abuse but
have not demonstrated sufficient nexus
of two corporate Ds to abuse for liability
to atach.
On November 13, 2007, the jury Setled for $525,000 on Prisoners rights
returned a verdict, finding no liability Dec. 2, 2009 but the
against any defendant standing trial setlement is having
under the ATCA or pursuant to the enforcement problems --
claim of negligent hiring, training, district court issued an
retention and supervision of John Lima order to enforce it in
and Willard Stovall. 2010. See docket, 97-cv-
03093.
Article 36 does not create an individual Due process
right enforceable by the Plaintiff.
To state a claim pursuant to the ATS, a Pro se case. Prisoner Torture
plaintiff must allege a violation of “ (Mexican citizen)
‘specific, universal, and obligatory’ alleging civil right
international norms.” The Universal violation under ATS,
Declaration of Human Rights Treaty TVPA and state law.
does not “of its own force impose State law claims are
obligations as a mater of international dismissed wihout
law.” prejudice.
Plaintiff's Claim is dismissed for forum ATS & TVPA claim; Torture
non conveniens without prejudice to finally dismissed on
Plaintiff's right to seek reconsideration if FNC ground; 578 F.3d
any of the Plaintiffs are required to 1283 (2009). Plaintiffs
appear in person in Guatemala in order effort to reinstate also
to litigate their claims. failed. 741 F.3d 1349
(2014)
Allegations that corporations aided and Torture, htp://hrp.law.har
abeted regime which commited torture extrajudicial vard.edu/faculty/s
and extrajudicial killing failed to state killing usan-farbstein/
claim under TVPA, but plaintiff may
plead theory of aiding and abeting
liability under Alien Tort Claims Act
(ATCA). Khulumani v. Barclay Nat.
Bank Ltd., 504 F.3d 254 (2d Cir. 2007)
aff'd sub nom. Am. Isuzu Motors, Inc. v.
Ntsebeza, 553 U.S. 1028, 128 S. Ct. 2424,
171 L. Ed. 2d 225 (2008) Dismissed
remaining Ds after Kiobel on Aug. 28,
2014. Barclays was dismissed as a
defendant sometime before this date.
Failed service. See 2009 opinion. Torture
Summarily affirmed by
COA in 2010.
Torture
In sum, the Court finds that it lacks Pro se case. Quite Denial of medical
subject-mater jurisdiction over Ruiz's meritless. Dismissed care
claims, as Ruiz has failed to state a sua sponte so not
cognizable claim under the Alien Tort technitically MTD.
Statute. Accordingly, the Court enters
the following orders.
Plaintiff points to no law, treaty, or other Appeal dismissed on Expropriation of
document binding on the United States 8/6/08 property
that contains the necessary waiver.
The decisive factor here is that Extrajudicial
Caterpillar's sales to Israel were paid for killing
by the United States. Though mindful
that we must analyze each of the
plaintiffs' “individual claims,” id. at 547,
Time-barred.
each claim unavoidably rests on the Due process
singular premise that Caterpillar should
not have sold its bulldozers to the IDF.
Yet these sales were financed by the
executive branch pursuant to a
congressionally enacted program calling
for executive discretion as to what lies in
the foreign policy and national security
interests of the United States. See 22
U.S.C. § 2751 (stating that the purpose of
the Arms Export Control Act, which
authorizes the FMF program, is to
support “effective and mutually
beneficial defense relationships in order
to maintain and foster the environment
of international peace and security
essential to social, economic, and
political progress”).
Join statement between United States Slavery
and Germany regarding creation of
reparation foundation did not contain
explicit contractual right that was
privately enforceable.
On reconsideration in light of Rio Tinto, See Extrajudicial
the court reinstated certain aiding and htp://ccrjustice.org/ourc killing, crimes
abeting claims against Chevron because ases/current- against humanity,
it did not need to be capable of being cases/bowoto-v.- cruel, inhuman, or
liable under international law as if it chevron degrading
were the priinciple. ATS claim. Jury trial in treatment
Dec. 2008. Jurors
unanimously agreed
that Chevron was not
liable for any of the
numerous allegations.
Prior to that, the court
granted partial SJ on
certain of the Ps' ATS
claims.See: Defendants
now bring a motion for
summary judgment on
plaintiffs' remaining
federal law claims
brought under the ATS:
summary [**2]
execution (1st claim),
torture (4th claim),
cruel, inhuman, or
degrading treatment
(6th claim), deprivation
of the rights to life,
liberty and security of
person and peaceful
assembly and
association (7th claim),
and consistent patern
of gross violations of
human rights (8th
claim). See Ninth
Amended Complaint at
27-33.
Bowoto v. Chevron
Corp., 557 F. Supp. 2d
1080, 1083, 2008 BL
308428, 2 (N.D. Cal.
2008). For the foregoing
reasons, the Court
GRANTS defendants'
summary judgment
motion as to plaintiffs'
first, seventh, and
eighth claims. If
plaintiffs wish to amend
their complaint to state
a cause of action for
wrongful death under
DOHSA, they must do
so by June 5, 2008. The
Court DENIES
defendants' motion for
summary judgment on
plaintiffs' fourth and
sixth claims [Docket No.
1688]. The Court also
DENIES defendants'
motion for summary
judgment as to
plaintiffs' claim for
punitive damages under
California law [Docket
No. 1452].
Bowoto v. Chevron
Corp., 557 F. Supp. 2d
1080, 1100, 2008 BL
308428, 17 (N.D. Cal.
2008)Cert denied in
2012.
Television station was instrumentality of ATS claim by Falun genocide, torture,
People's Republic of China; Gong; court found that arbitrary
CCTV, the official TV detention, religion
station enjoyed
immunity. Affirmed
4/28/2009.
Motion is granted in part and denied in Awarded damages Mass murder
part. Specifically, the Court agrees that against Al Qaeda in
an evidentiary hearing shall be held on 2014 WL 6463227.
the issue of damages. However, as
Plaintiffs are not statutorily entitled to a
jury trial and as the Court would need
more information than that presently
before it as to why a jury determination
of damages would be appropriate and
how it would be practicable considering
the number of Plaintiffs in this case and
the choice of law questions at issue, the
Court shall deny without prejudice
Plaintiffs' request for a jury trial rather
than a bench trial on the issue of
damages. Furthermore, Plaintiffs shall
provide additional briefing on choice of
law issues with respect to their damages
claims and additionally shall indicate
the suggested manner in which an
evidentiary hearing would be
conducted in a manner that conforms
with the Federal Rules of Evidence7in
light of the number of Plaintiffs in this
case, including an estimate of the length
of time needed to present Plaintiffs' case
on damages.
The allegations in the complaint clearly ATS and TVPA claims. Torture;
describe Samantar, at all relevant times, The FSIA immunity extrajudicial
as acting upon the directives of the then- issue went to SCOTUS. killing; atempted
Somali government in an official Finally D lost the extrajudicial
capacity, and not for personal reasons or immunity issue. killing; crimes
1motivation.
Federal court did not have personal Refiled in awarded
Damages Kentucky.in Forced
against child labor,
humanity;
jurisdiction
Unlike everyover caseofficials
cited byunder Florida
the plaintiffs, 2012. See the 2005 caes. human trafficking
war crimes; cruel,
long-arm
the Somalia statute;
TFG has not disavowed the inhuman, and
2actions
federaloflong-arm statuteNor
the defendant. didhas
not it degrading
provide for exercise
implied that the suit of federal
could go forward treatment or
jurisdiction over officials;
without affecting and relations
international punishment; and
3and
plaintiffs weresituation
the current not entitled to deferral
in Somalia. arbitrary detention
of motion
Rather, to dismiss
it has forstated
explicitly jurisdictional
that the
discovery.
actions of the defendant were taken in
his official capacity.
For the above stated reasons, Samantar
is entitled to sovereign immunity under
the FSIA for the acts he undertook on
behalf of the Somali government.
Plaintiffs have neither presented nor See 2009 opinion. Torture
alleged facts from which the court may
reasonably conclude that Sheikh
Mohammed's alleged conduct was
beyond the scope of his validly granted
official authority. Instead, plaintiffs'
complaint is rife with legal conclusions,
such as the assertion that Sheikh
Mohammed directly participated in the
abuse and torture allegedly perpetrated
upon Mr. Nabulsi by directing the
instrumentalities of Abu Dhabi law
enforcement be illegally employed
against Mr. Nabulsi through the
intentional torts of false arrest, false
search, false detainment, false
imprisonment, and torture. Absent
factual and legal support showing that
Sheikh Mohammed's actions violated
domestic law, the court need not
conclude that the acts for which
plaintiffs seek to hold Sheikh
Mohammed liable were necessarily
beyond the scope of his validly granted
official authority. Accordingly, the court
concludes Sheikh Mohammed is entitled
to immunity from suit as an
instrumentality of a foreign sovereign.
However, in the alternative, assuming
arguendo that the actions for which
plaintiffs seek to hold Sheikh
Mohammed liable were beyond the
scope of his validly granted official
authority, the court concludes that the
claims against him should be dismissed
for lack of personal jurisdiction.
Plaintiffs here have asserted only claims Case closed on 11/20/07 Terrorism
of terrorism in general, not acts of as moot. Ps fail to
terrorism as specifically defined in a establish "alter ego"
recognized norm of customary theory connecting
international law. Plaintiffs have not Drummond to any state
identified any particular international action. Ps allege only
convention or other recognized source that Drummond
of determining international law to cooperated with
establish a violation of the law of paramilitaries -- this
nations here. Allegations of support for isn't enough under Tel-
terrorism not based on specific conduct Oren. And there is no PJ
which violates international law “has over Drummond.
not reached the status of violation of the
law of nations.”
Conditions about which adult workers See htp://business- Forced child labor
complained were not “forced labor” humanrights.org/en/fire
within meaning of international law, stone-lawsuit-re-liberia-
and therefore did not give rise to cause 0#c9343
of action under ATS; but child workers This decision allows the
stated a claim under ATS. Child Labor claim to
proceed, but dimissed
other claims for NSA.
On 5 October 2010, the
district court in Indiana
dismissed the case on
the ground that Kiobel
says no "corporate
liability exists under"
ATCA. In 2011, COA
affirmed the dismissal,
and also found that
there was not enough of
a norm under
international law
prohibiting the
Firestone's practices
(which were "bad, but
not that bad") but the
specifically rejected the
Kiobel argument that no
corporate liability exists
under ATCA.
Complaint does not allege either a N/A
violation of a treaty or a violation of
customary international law.
Denied MTD in part and allowed ATS ATS and TVPA claims. Expropriation of
claim to continue. Denied the TVPA Still in progress. See property
cliam. later cases.
1 The claims did not seek review of
foreign policy or national security
decisions by executive branch and were
justiciable;2 their alleged injury was not
torture within the meaning of TVPA;3
residents had claim under ATCA;4
federal law did not preempt state tort
claims; and5 factual questions
precluded summary judgment.Motion
granted in part and denied in part.
Alien's ex-husband's alleged sexual Rape
conduct toward alien did not violate law
of nations, as required for Alien Tort
Statute (ATS) to grant district court
jurisdiction over alien's suit
1. The Court accordingly finds that The TVPA claim was Due process
neither the UN Charter nor the UDHR dismissed WP, while the
establish the relevant and applicable ATS claim was
norms of international law necessary to dismissed P. Dismissal
define actionable torts under the ATS. affirmed in 2008.
2. Until Ruiz exhausts the “adequate
and available remedies” of Mexico,90
the ATS bars his torture claim in the
United States, and the Court has no
jurisdiction over this issue.
In re Terrorist Atacks
on Sept. 11, 2001, 714
F.3d 118 (2d Cir. 2013)
cert. denied sub nom.
O'Neill v. Al Rajhi Bank,
134 S. Ct. 2870, 189 L.
Ed. 2d 848 (2014)
Circuit Judge, in an amended opinion, $54.6m ATS claim. Jury trial in Torture
held that District Court did not abuse its 2002. This decision
discretion by equitable tolling of statute affirmed the judgmenet.
of limitations on refugees' claims until Collected 300,000. See
the end of the civil war in El Salvador. htp://www.cja.org/secti
on.php?id=82.
D did not respond to MTD. Dismissed
sua sponte.
The district court properly granted Torture
summary judgment on King's claims
under the Torture Victim Protection Act,
28 U.S.C. § 1350, because none of the
Mexican citizens who purportedly
tortured King were named in the suit.
The district court properly dismissed
King's claims under the Alien Tort
Claim Act because King's exclusive
remedy for violation of the law of
nations is through the Federal Tort
Claims Act (“FTCA”).
Terrorism
1 limitations period for second alien's Verdict was for Jury trial in 2007. Ps Extrajudicial
claims was subject to equitable tolling, $4.3 million and $1 won. killing, torture,
and million has been arbitrary detention
2 former officer failed to establish recovered
affirmative defense of non-exhaustion as (possibly due to
to first alien's TVPA claim. defendant's lotery
winnings)
In re Terrorist Atacks
on Sept. 11, 2001, 392 F.
Supp. 2d 539, 565
(S.D.N.Y. 2005) aff'd, 538
F.3d 71 (2d Cir. 2008).
=+++++++++
+++++++++++++++++++++
+++++++++++++++++++++
+++++++++++The TVPA
provides a cause of
action against
individuals who under
actual or apparent
authority of any foreign
nation subject an
individual to torture or
extrajudicial killing. 28
U.S.C. § 1350 note;
Arndt v. UBS AG, 342
F.Supp.2d 132, 141
(E.D.N.Y.2004). The
TVPA claims against
Rabita Trust, IIRO,
Success Foundation,
and the SAAR Network
entities are dismissed
because these
Defendants are not
individuals. Arndt, 342
F.Supp.2d at 141. The
TVPA claims against
Tarik Hamdi,
Abdulrahman
Alamoudi, Wa‘el
Jalaidan, and the SAAR
Network executives are
dismissed because there
is no allegation that
these Defendants were
acting under *566 color
of state law. In re: South
Motion for class certification denied. Genocide
Talisman's motion for judgment on the Genocide
pleadings based on the Statement of
Interest by the United States is denied.
Talisman's motion for certification for Genocide
interlocutory appeal of the June 13, 2005
Opinion is denied.
Granted MTD on political question ATS and TVPA claim. War crimes
grounds. This court denied MTD
on FNC ground, but
granted MTD on PQ
grounds. Affirmed in
2014, 2014 WL 5839817,
on Kiobel presumption
grounds and
international comity
grounds.
Denied MTD on FNC ground. ATS and TVPA claim. War crimes
This court denied MTD
on FNC ground, but
granted MTD on PQ
grounds. Affirmed in
2014, 2014 WL 5839817,
on Kiobel presumption
grounds and
international comity
grounds.
ATS does not provide jurisdiction over Ps relied on both ATS Forced removal
foreign states. and FSIA. Court said
that ATS is clearly
inapplicable. Unsure
what happened
ultimately, but ATS
claim clearly dismissed.
See 529 F.Supp.2d 80.
The Court of Appeals held that ATS and TVPA claims. Torture
dismissal of action for failure to timely No related decisions.
file jurisdictional status report was
abuse of discretion. District court on
remand held service was improper.
For the reasons provided above, the 500 related decisions. Due process,
Court holds that the petitioners have torture
stated valid claims under the Fifth
Amendment and that the CSRT
procedures are unconstitutional for
failing to comport with the
requirements of due process.
Additionally, the Court holds that
Taliban fighters who have not been
specifically determined to be excluded
from prisoner of war status by a
competent Article 5 tribunal have also
stated valid claims under the Third
Geneva Convention. Finally, the Court
concludes that the remaining claims of
the petitioners must be denied.
Alien Tort Statute does not waive Decision Vacated by Due process
sovereign immunity Boumediene v. Bush,
D.C.Cir., February 20,
2007
guards were not liable under Alien Tort Finally tried in 2007, D Prisoners rights
Claims Act (ATCA); but allegations won the ATS claim but
against contractor stated a claim under lost other claims. 549
ATCA; F.Supp.2d 602. SEE 577
F.3d 169 RE:
ATTORNEYS' FEES.
Setled for $525,000 on
Dec. 2, 2009 but the
setlement is having
enforcement problems --
district court issued an
order to enforce it in
2010. See docket, 97-cv-
03093.
1 Alien Tort Claims Act (ATCA) did not Apparently there was a Expropriation of
give district court subject mater parallel action brought property
jurisdiction over plaintiffs' common law in Florida: LETTER
claims, and FROM JAMES B.
2 defendant could not be sued under the WEIDNER TO HON. I.
Torture Victims Protection Act (TVPA). LEO GLASSER
REGARDING UBS'
MOTION TO ENJOIN
PROSECUTION OF
THE FLORIDA
ACTION AND
REQUIRE THAT IT BE
REFILED IN THIS
DISTRICT.
(ATTACHMENTS: # 1
PROPOSED ORDER)
(CARROLL, THOMAS)
(ENTERED: 09/20/2004)
-- court denied this in
Nov. SD FLA: Ps
brought a contract claim
Acting under an alleged
contractual right to
bring claims on behalf
of Farben, Makro seeks
the return of assets
which, it asserts, always
belonged to Farben.
SUIT DISMISSED IN
2008 BY 11TH CIRCUIT.
Granted MTD. ATS does not provide TVPA and ATS claims. Arbitrary
cause of action; TVPA requires action Affirmed in 2006. detention, torture,
under color of law. extrajudicial
killing,
dissaperances
Descendents failed to plead tort in CLERK'S JUDGMENT N/A
violation of customary international law GRANTING
as required to state claim under Alien DEFENDANTS?
Tort Claims Act (ATCA). MOTION TO DISMISS
Court grants defendant's motion to SACHARIN?S ATCA
dismiss Sacharin's ATCA claim and CLAIM AND
remands the remaining state law claims REMANDING THE
for intentional and negligent infliction REMAINING STATE
of emotional distress to New York State LAW CLAIMS FOR
Supreme Court. INTENTIONAL AND
NEGLIGENT
INFLICTION OF
EMOTIONAL
DISTRESS TO NEW
YORK STATE
SUPREME COURT.
(SIGNED BY J.
MICHAEL
MCMAHON, CLERK
ON 1/11/05) (ML, )
(ENTERED: 01/11/2005).
CORT: THIS IS A
QUESTION. TRY TO
FIND THE ANSWER.
Jun: can you specify the
question?
The District Court, Debevoise, Senior ATS claim, finally tried Prisoners' right
District Judge, held that: in 2007, D won the ATS
1 interim assessment report on facility claim but lost other
prepared by INS officials was admissible claims. 549 F.Supp.2d
under the hearsay exception for public 602. See other Jama case.
records relating to investigation;
2 triable issues existed regarding
whether hiring and training of guards
was negligent;
3 detainees were not third party
beneficiaries of contract between INS
and private company that operated
facility; and
4 facility was not entitled to government
contractor defense.
Rasul v. Bush 08/28/2004 124 S.Ct. 2686, Nos. 03–334, 03– SC R ATS
2686+, U.S. 343
Ponce-Rubio v. 7/14/2004 Order of No. 6:03-cv-738- 11th Cir. Y ATS
N. Brevard, Inc. Dismissal, ORL-31KRS
No. 6:03-cv-738-
ORL-31KRS
(M.D. Fla. July 14,
2004)
Herero People's 06/11/2004 370 F.3d 1192, No. 03-7110 D.C. Cir. Y ATS
Reparations Corp. 1192+, D.C.Cir.
v. Deutsche Bank,
A.G.
Jean v. Dorelien 04/21/2004 2004 WL 5565022, No. 03-20161-CIV 11th Cir. R ATS/TVPA
*1+, S.D.Fla.
Van Tu v. Koster 04/16/2004 364 F.3d 1196, No. 02–4209 10th Cir. Y ATS
1196+, 10th Cir.
(Utah)
Jean v. Dorelien 04/06/2004 2004 WL 5565021, No. 03-20161-CIV 11th Cir. Y ATS/TVPA
*1+, S.D.Fla.
Maugein v. 01/15/2004 298 F.Supp.2d No. CIV.A. 02-M- 10th Cir. Y ATS
Newmont Mining 1124, 1125+, 204
Corp. D.Colo.
Villeda Aldana v. 12/12/2003 305 F.Supp.2d No. 01–3399–CIV– 11th Cir. R ATS/TVPA
Fresh Del Monte 1285 (S.D.Fla.) MORENO
Produce, Inc.
United Bank for 11/18/2003 2003 WL 22741575, No. 94 Civ. 2d Cir. PS/Y N/A
Africa PLC v. *1+, S.D.N.Y. 0655(TPG)
Coker
Cabello v. 10/15/2003 11th Cir. Y ATS
Fernandez-Larios
Cabello Barrueto 09/16/2003 291 F.Supp.2d No. 99–0528–CIV 11th Cir. R ATS
v. Fernandez 1360, 1360+,
Larios S.D.Fla.
Plaintiffs A, B, C, 09/12/2003 282 F.Supp.2d 875, No. 02 C 7530 7th Cir. R ATS
D, E, F v. Jiang 878, N.D.Ill.
Zemin
Campuzano v. 09/10/2003 281 F.Supp.2d 258, Civil Action Nos. D.C. Cir. N
Islamic Republic 270+, D.D.C. 00–2328 (RMU),
of Iran 01–1655(RMU)
Regier v. Islamic 09/08/2003 281 F.Supp.2d 87, No. CIV.A.01–1302 D.C. Cir. N
Republic of Iran 97, D.D.C. (JDB)
Dammarell v. 09/08/2003 281 F.Supp.2d 105, No. CIV.A.01-2224 D.C. Cir. R FSIA/ATS
Islamic Republic 191, D.D.C. JDB
of Iran
Flores v. Southern 08/29/2003 414 F.3d 233, 234+, Docket No. 02– 2d Cir. Y ATS
Peru Copper Corp. 2nd Cir.(N.Y.) 9008
Jane Doe I v. 08/04/2003 2003 WL 23893010, No. C 02-05570 9th Cir. Y ATS
Reddy *8, N.D.Cal. WHA
Herero People's 07/31/2003 2003 WL 26119014, Civ. No. 01–01868 D.C. Cir. N
Reparations Corp. *2+, D.D.C. (CKK)
v. Deutsche Bank
AG
Burnet v. Al 07/25/2003 274 F.Supp.2d 86, No. CIV.A.02–1616 D.C. Cir. R ATS/TVPA
Baraka Inv. and 87+, D.D.C. (JR)
Development
Corp.
Aranda v. 07/25/2003 73 Fed.Appx. 204, No. 03-15056. 9th Cir. PS/Y ATS
Department of 205+, 9th Cir.(Cal.)
Social and Health
Services
Price v. Socialist 07/21/2003 274 F.Supp.2d 20, No. CIV.A.97–975 D.C. Cir. N
People's Libyan 20+, D.D.C. RCL
Arab Jamahiriya
Stern v. Islamic 07/17/2003 271 F.Supp.2d 286, No. 1:00CV02602 D.C. Cir. N
Republic of Iran 297, D.D.C. (RCL)
Acree v. Republic 07/07/2003 271 F.Supp.2d 179, No. CIV.A. 02-632 D.C. Cir. N
of Iraq 215, D.D.C. (RWR)
Hwang Geum Joo 06/27/2003 332 F.3d 679, 679+, No. 01-7169 D.C. Cir. R ATS
v. Japan D.C.Cir.
Abiola v. 06/27/2003 267 F.Supp.2d 907, No. 02 C 6093 7th Cir. R ATS/TVPA
Abubakar 907+, N.D.Ill.
Abrams v. Societe 06/13/2003 332 F.3d 173, 178+, Docket No. 01– 2d Cir. Y ATS
Nationale des 2nd Cir.(N.Y.) 9442
Chemins de Fer
Francais
Aldana v. Fresh 06/06/2003 2003 WL 25914862, No. 01–3399–CIV 11th Cir. R ATS/TVPA
Del Monte *1+, S.D.Fla.
Produce, Inc.
Alvarez-Machain 06/03/2003 331 F.3d 604, 608+, Nos. 99-56762 9th Cir. R ATS
v. U.S. 9th Cir.(Cal.)
Bieregu v. 05/01/2003 259 F.Supp.2d 342, Civil Action No. 3d Cir. PS ATS
Ashcroft 343+, D.N.J. 01–4948
Goldstein v. U.S. 04/23/2003 2003 WL 24108182, No. Civ.A.01-0005 D.C. Cir. PS/Y ATS
*1, D.D.C. RMC
Simpson v. 04/22/2003 326 F.3d 230, 231+, No. 01-7191 D.C. Cir. PS/N ATS
Socialist People's D.C.Cir.
Libyan Arab
Jamahiriya
Doe v. Islamic 03/31/2003 257 F.Supp.2d 115, No. CIV.A. 96– D.C. Cir. Y ATS
Salvation Front 116+, D.D.C. 2792(JR)
Sinaltrainal, Estate 03/31/2003 2003 WL 1846195, Nos. 01–3208–Civ. 11th Cir. R ATS/TVPA
of Gil v. Coca-Cola *1, S.D.Fla.
Co.
Sinaltrainal v. 03/28/2003 256 F.Supp.2d Nos. 01–3208– 11th Cir. R ATS/TVPA
Coca-Cola Co. 1345, 1346+, CIV–MARTINEZ
S.D.Fla.
Al Odah v. U.S. 03/11/2003 321 F.3d 1134, Nos. 02-5251, 02- D.C. Cir. R ATS
1135+, D.C.Cir. 5284 & 02-5288
Deutsch v. Turner 03/06/2003 324 F.3d 692, 697+, Nos. 00–56673, 01– 9th Cir. Y ATS
Corp. 9th Cir.(Cal.) 17115, 01–17116,
01–17123, 01–
17124, 01–17134,
01–17155, 01–
17157, 01–17160,
01–17172, 01–
17176, 01–17177,
01–17185, 01–
17189, 01–17195,
01–17197, 01–
17201, 01–17203,
01–17204, 01–
17207, 01–17210,
01–17211, 01–
17230, 01–17243,
01–17251, 01–
17252, 01–17260,
01–17265, 01–
17499.
Surete v. Islamic 11/01/2002 231 F.Supp.2d 260, No. CIV.A.01– D.C. Cir. N
Republic of Iran 265, D.D.C. 0570(PLF)
Mwani v. Bin 09/30/2002 2002 WL 34936401, No. CIV A 99-125 D.C. Cir. R ATS
Ladin *2+, D.D.C. CKK
Doe I v. Unocal 09/18/2002 395 F.3d 932, 933+, Nos. 00–56603, 00– 9th Cir. R ATS
Corp. 9th Cir.(Cal.) 57197, 00–56628,
00–57195
Topo v. Dhir 09/13/2002 210 F.R.D. 76, 76+, No. 01 Civ. 10881 2d Cir. R ATS
S.D.N.Y. (JSM) (RLE)
Rosner v. U.S. 08/28/2002 231 F.Supp.2d No. 01–1859–CIV– 11th Cir. R ATS
1202, 1203+, SEITZ
S.D.Fla.
Bansal v. Lamar 08/27/2002 2002 WL 32075771, No. 1:02-CV-322 6th Cir. PS ATS
University *2+, E.D.Tex.
Aguinda v. 8/16/2002 303 F.3d 470, 473, Docket Nos. 01– 2d Cir. Y ATS
Texaco, Inc. 2nd Cir.(N.Y.) 7756L, 01–7758C
Zhou v. Peng 08/08/2002 2002 WL 1835608, No. 00 CIV. 2d Cir. R ATS
*1+, S.D.N.Y. 6446(WHP)
Flores v. Southern 07/16/2002 253 F.Supp.2d 510, No. 00 CIV. 2d Cir. R ATS
Peru Copper Corp. 510+, S.D.N.Y. 9812(CSH)
Sarei v. Rio Tinto 07/09/2002 221 F.Supp.2d No. CIV.00–11695 9th Cir. R ATS
PLC. 1116, 1116+, MMM
C.D.Cal.
Price v. Socialist 06/28/2002 294 F.3d 82, 91, No. 00-7244 D.C. Cir. N
People's Libyan D.C.Cir.
Arab Jamahiriya
Cabello Barrueto 06/05/2002 205 F.Supp.2d No. 99–0528–CIV 11th Cir. R ATS
v. Fernandez 1325, 1326+,
Larios S.D.Fla.
Does I v. Gap, Inc. 05/10/2002 2002 WL 1000068, No. CV-01-0031 9th Cir. Y ATS
*21, D.N.Mar.I.
Ford ex rel. Estate 04/30/2002 289 F.3d 1283, No. 01–10357 11th Cir. Y TVPA
of Ford v. Garcia 1284+, 11th Cir.
(Fla.)
Papa v. U.S. 02/25/2002 281 F.3d 1004, No. 00–55051 9th Cir. Y ATS
1005+, 9th Cir.
(Cal.)
Doe I v. The Gap, 11/26/2001 2001 WL 1842389, No. CV-01-0031 9th Cir. R ATS
Inc. *22, D.N.Mar.I.
Bano v. Union 11/15/2001 273 F.3d 120, 121+, Docket No. 00– 2d Cir. Y ATS
Carbide Corp. 2nd Cir.(N.Y.) 9250
Wagner v. Islamic 11/06/2001 172 F.Supp.2d 128, No. Civ.A. 00– D.C. Cir. N
Republic of Iran 134, D.D.C. 1799(TPJ)
Abrams v. Societe 11/05/2001 175 F.Supp.2d 423, No. CIV.A.00-CV- 2d Cir. R ATS
Nationale des 433+, E.D.N.Y. 5326(DGT)
Chemins de Fer
Francais
Tachiona v. 10/30/2001 169 F.Supp.2d 259, No. 00 CIV. 2d Cir. Y ATS/TVPA
Mugabe 260+, S.D.N.Y. 6666(VM)
Robinson v. 10/11/2001 269 F.3d 133, 144, Docket No. 00– 2d Cir. N
Government of 2nd Cir.(N.Y.) 7730
Malaysia
Mousa v. Islamic 09/19/2001 238 F.Supp.2d 1, No. 00–2096(WBB) D.C. Cir. Y TVPA
Republic of Iran 1+, D.D.C.
In re World War II 09/17/2001 164 F.Supp.2d No. MDL–1347 9th Cir. Y ATS
Era Japanese 1153, 1153+,
Forced Labor N.D.Cal.
Litigation
In re World War II 09/17/2001 164 F.Supp.2d No. MDL–1347 9th Cir. Y ATS
Era Japanese 1160, 1160+,
Forced Labor N.D.Cal.;
Litigation Deutsch v. Turner
Corp., 324 F.3d 692
(9th Cir. 2003)
Alvarez-Machain 09/11/2001 266 F.3d 1045, Nos. 99–56762, 99– 9th Cir. R ATS
v. U.S. 1050+, 9th Cir. 56880
(Cal.)
Jane Doe I v. 08/28/2001 2001 WL 986545, Nos. 93 Civ. 0878 2d Cir. Y ATS
Karadzic *1+, S.D.N.Y. (PKL), 93 Civ. 1163
(PKL)
Estate of Cabello 08/10/2001 157 F.Supp.2d No. 99–0528–CIV 11th Cir. R ATS/TVPA
v. Fernandez- 1345, 1345+,
Larios S.D.Fla.
Empagran S.A. v. 06/07/2001 2001 WL 761360, No. 01–7115 D.C. Cir. Y ATS
F. Hoffman-La *7, D.D.C.
Roche, Ltd.
Aguinda v. 05/30/2001 142 F.Supp.2d 534, Nos. 93 CIV. 7527, 2d Cir. R ATS
Texaco, Inc. 535+, S.D.N.Y. 94 CIV. 9266
Daliberti v. 05/25/2001 146 F.Supp.2d 19, No. CIV. A. 96– D.C. Cir. N
Republic of Iraq 25, D.D.C. 1118 (LFO)
Ahmed v. 05/11/2001 2001 WL 1842390, Nos. Civ.A. 00– 9th Cir. Y ATS
Goldberg *1+, D.N.Mar.I. 0005
Ahmed v. 05/11/2001 2001 WL 1842398, Nos. Civ.A. 00– 9th Cir. R ATS
Goldberg *10, D.N.Mar.I. 0005
Mendonca v. 04/09/2001 159 F.Supp.2d 299, No. CIV. A. 00– 5th Cir. Y ATS
Tidewater, Inc. 300+, E.D.La. 2284
Jogi v. Piland 02/14/2001 131 F.Supp.2d No. 00-2067 7th Cir. R ATS
1024, 1025+,
C.D.Ill.
Bao Ge v. Li Peng 11/17/2000 209 F.R.D. 250 No. CIV. 98– D.C. Cir. Y ATS/TVPA
(D.D.C.) 1986(TFH)
Doe v. Unocal 08/31/2000 110 F.Supp.2d Nos. CV 96–6959 9th Cir. R ATS
Corp. 1294 (C.A.Cal.) RSWL (BQRx), CV
96–6112 RSWL
(BQRx)
Bodner v. Banque 08/31/2000 114 F.Supp.2d 117 Nos. 97 CV 2d Cir. Y ATS
Paribas (E.D.N.Y.) 7433(SJ), 98 CV
7851(SJ)
Bao Ge v. Li Peng 08/28/2000 201 F.Supp.2d 14 No. 98CV1986 D.C. Cir. R ATS
(D.D.C.) (TFH)
Kamal v. City of 05/11/2000 221 F.3d 1348 (9th D.C. No. CV-95- 9th Cir. Y ATS
Santa Monica Cir.) 01025-ABC.
Begum v. Miner 04/20/2000 213 F.3d 639 (5th No. 99-20027. 5th Cir. Y ATS
Cir.)
Kyler v. 01/28/2000 203 F.3d 835 (10th No. 99-1052 10th Cir. PS ATS
Montezuma Cir.)
County
Ralk v. Lincoln 01/18/2000 81 F.Supp.2d 1372 No. CIV. A. 11th Cir. Y ATS
County, Ga. (S.D.Ga.) CV198–231
Friedman v. Bayer 12/15/1999 1999 WL 33457825 No. 99–CV–3675 2d Cir. Y ATS/TVPA
Corp. (E.D.N.Y.)
Beanal v. Freeport- 11/29/1999 197 F.3d 161 (5th No. 98–30235 5th Cir. Y ATS/TVPA
McMoran, Inc. Cir.)
Iwanowa v. Ford 10/28/1999 67 F.Supp.2d 424 No. Civ.A. 98–959 3d Cir. Y ATS
Motor Co. (D.N.J.) JAG
Burger-Fischer v. 09/13/1999 65 F.Supp.2d 248 Civil Action Nos. 3d Cir. N
Degussa AG (D.N.J.) 98–3958(DRD)
Roe v. Unocal 08/10/1999 70 F.Supp.2d 1073 No. CV 96–6112 9th Cir. R ATS
Corp. (C.D.Cal.) RAP (BQRx)
Faulder v. Johnson 06/16/1999 178 F.3d 741 (5th No. 99–20542. 5th Cir. Y ATS
Cir.)
Faulder v. Johnson 06/15/1999 99 F.Supp.2d 774 No. Civ.A. H–99– 5th Cir. R ATS
(S.D.Tex.) 1809
Doe v. Karadzic 10/23/1998 182 F.R.D. 424 No. 93 CIV. 0878 2d Cir. R ATS/TVPA
(S.D.N.Y.)
Jota v. Texaco, Inc. 10/05/1998 157 F.3d 153 (2d. Nos. 97–9102, 97– 2d Cir. R ATS
Cir.) 9104, 97–9108.
Jama v. U.S. I.N.S. 10/01/1998 22 F.Supp.2d 353 Civ. No. 97–3093 3d Cir. R ATS
(D.N.J.) (DRD)
Cicippio v. Islamic 08/27/1998 18 F.Supp.2d 62 Civil Action No. D.C. Cir. N
Republic of Iran (D.D.C.) 96–1805(TPJ)
Flatow v. Islamic 03/11/1998 999 F.Supp. 1 No. 97–396 (RCL) D.C. Cir. N
Republic of Iran (D.D.C.)
Millicom Intern. 02/23/1998 995 F.Supp. 14 Civil Action No. D.C. Cir. Y ATS
Cellular v. (D.D.C.) 96–315(RMU)
Republic of Costa
Rica
Giro v. Estevill 02/13/1998 1998 WL 63407 No. 96 Civ. 2d Cir. Y ATS
(S.D.N.Y.) 2258(LLS)
Doe v. Islamic 02/03/1998 993 F.Supp. 3 No. CIV.A. 96– D.C. Cir. R ATS
Salvation Front (D.D.C.) 2792(JR)
(FIS)
An v. Chun 01/28/1998 134 F.3d 376 (9th No. 96-35971 9th Cir. Y ATS
Cir.)
Doe v. Bolkiah 01/05/1998 74 F.Supp.2d 969 Civ. Nos. 97–01198 9th Cir. N
(D.Hawai.) ACK, 97–01361
ACK
Doe v. Karadzic 12/02/1997 176 F.R.D. 458 No. 93 CIV. 0878 2d Cir. R
(S.D.N.Y.)
National Coalition 11/15/1997 176 F.R.D. 329 No. CV 96–6112 9th Cir. R
Government of (C.D.Cal.) RAP BQRX
Union of Burma v.
Unocal, Inc.
Eastman Kodak 09/09/1997 978 F.Supp. 1078 Nos. 96–2218–CIV 11th Cir. Y ATS
Co. v. Kavlin (S.D.Fla.)
Anonymous v. 07/09/1997 122 F.3d 1055 (2d No. 96-6284 2d Cir. FL ATS
I.N.S. Cir.)
Brancaccio v. Reno 04/25/1997 964 F.Supp. 1 Civil Action No. D.C. Cir. PS/Y ATS
(D.D.C.) 96–2707
Beanal v. Freeport- 04/10/1997 969 F.Supp. 362 Civil Action No. 5th Cir. R ATS/TVPA
McMoRan, Inc. (E.D.La.) 96–1474
Hirsh v. State of 04/08/1997 962 F.Supp. 377 No. 95 Civil 9460 2d Cir. Y ATS
Israel (S.D.N.Y.) (JFK)
Doe v. Unocal 03/25/1997 963 F.Supp. 880 No. CV 96–6959 9th Cir. R ATS
Corp. (C.D.Cal.) RAP (BQRx)
Smith v. Socialist 11/26/1996 101 F.3d 239 (2d Nos. 1241, 1572 2d Cir. Y ATS, TVPA
People's Libyan Cir.) and 1573, Dockets
Arab Jamahiriya 95–7930, 95–7931
and 95–7942.
Alomang v. 10/17/1996 1996 WL 601431 Civ. A. No. 96- 5th Cir. Y
Freeport- (E.D.La.) 2139
McMoran Inc.
Alvarez-Machain 09/24/1996 107 F.3d 696 (9th Nos. 95–55464, 95– 9th Cir. R ATS/TVPA
v. U.S. Cir.) 55768 and 95–
56121
Rein v. Rein 05/23/1996 1996 WL 273993 No. 95 Civ. 4030 2d Cir. PS/N
(S.D.N.Y.) (SHS)
Cabiri v. Assasie- 04/18/1996 921 F.Supp. 1189 93 CIV. 3566 (AGS) 2d Cir. Y ATS/TVPA
Gyimah (S.D.N.Y.)
Abebe-Jira v. 1/10/1996 72 F.3d 844 (11th No. 93–9133 11th Cir. Y ATS
Negewo Cir.)
Kadic v. Karadzic 01/06/1996 74 F.3d 377 (2d. Nos. 1541, 1544, 2d Cir. R ATS
Cir.) Dockets 94–9035,
94–9069
In re Estate of 11/30/95 910 F.Supp. 1460 No. MDL 840 9th Cir. Y ATS
Marcos (D. Hawaii)
U-Series Intern. 11/07/95 1995 WL 671567 No. 94 Civ. 2733 2d Cir. Y ATS
Services, Ltd. V. (S.D.N.Y) (MBM)
U.S.
Backlund v. 11/06/95 904 F.Supp. 964 No. 94 Civ. 2733 8th Cir. N
Hessen (D. Minn.) (MBM)
Defendant Disposition Grounds of Facts Opinion Damages
Dismissal
Securities
brokerage
customer
commenced
arbitration
proceedings
against broker,
and also instituted
suit, seeking
recovery of
trading losses in
account.
Brokerage firm
moved for
confirmation of
arbitration award
in its favor, and
for summary
judgment in suit.
INC MTD/P SOL Plaintiffs, 1 plaintiffs lacked
identifying standing to bring
themselves as suit;
formerly enslaved 2 actions
African-Americans presented a
or descendants of nonjusticiable
formerly enslaved political question;
African- 3 action failed to
Americans, state a claim upon
brought nine which relief could
actions in several be granted; and
districts, seeking 4 claims in action
monetary and were barred by
injunctive relief statute of
against various limitations.
corporate
defendants for
present and past
wrongs in
connection with
the institution of
slavery.
Plaintiffs allege
that Defendants,
as members of the
“German colonial
enterprise,”
systematically
murdered
thousands of
Herero men,
women, and
children.
IND, INC, ORG D/MTD STA Family members Alien Tort Claims
and Act (ATCA) claims
representatives of of foreign
victims of nationals could be
September 11 adjudicated under
terrorist atacks pendent venue
brought action theory; hijacking
under federal and of four airplanes
state law to hold was “violation of
accountable the the law of
persons and nations,” for
entities that purpose of ATCA
funded and claims. Denied
supported the MTD
international
terrorist
organization
known as al Qaeda
which carried out
the atacks.
STA, INC MTD/P NJPQ Plaintiffs, Jewish (1) Austria did not
citizens or waive sovereign
residents of immunity; (2)
Austria or complaint
survivors of same, sufficiently alleged
brought action claim under
against Austrian commercial
government, activities exception
insurance to sovereign
companies, and immunity; (3)
others, under FSIA complaint did not
and ATS on basis sufficiently allege
of deprivations of a claim under
property and expropriation
failures to pay exception to
insurance claims sovereign
arising during immunity, except
period of Nazi as to one plaintiff;
control of Austria. and (4) claims
presented
nonjusticiable
political questions.
INC MTD/P Relatives and heirs Trade union
of murdered sufficiently alleged
Colombian trade that mining
union leaders and company acted in
trade union conjunction with
brought suit Colombian
against Alabama paramilitary units
mining to violate laws of
corporation, its war by paying
wholly owned units to murder
subsidiary, and its trade union
executive officer, leaders to state
seeking damages claim against
and injunctive company under
relief under Alien ATCA; on issue of
Tort Claims Act, first impression,
Torture Victim denial of
Protection Act, fundamental
and state law, rights to associate
alleging and organize may
defendants were be actionable tort
jointly and under ATCA;
severally liable for trade union
murders adequately alleged
commited by state action to state
Colombian claims under
paramilitary units. ATCA;
corporations were
“individuals”
subject to suit
under TVPA
ORG, IND GDJ Supporters and Awarded damages Over $71 million.
members of against the
opposition party political party.
brought action
against ruling
political party of
Zimbabwe,
alleging that
defendant,
through its
officers, planned
and executed a
campaign of
violence designed
to intimidate and
suppress political
opposition.
STA U Aliens being As Petitioners seek
detained by the to be “released
United States from respondents'
government at the unlawful
U.S. Naval Base at custody,” the
Guantanamo Bay, Court can consider
Cuba, petitioned this case only as a
for writ of habeas petition for writs
corpus, and in a of habeas corpus
second case family and not as an
members of 12 action brought
Kuwaiti nationals pursuant to the
also being held at Alien Tort Statute,
Guantanamo Bay 28 U.S.C. § 1350, or
sought a any of the other
preliminary jurisdictional bases
injunction on suggested in the
detainees' behalf, Amended Petition.
alleging violations The exclusive
of due process, means for securing
Alien Tort Claims the relief
Act (ATCA), and Petitioners seek is
Administrative through a writ of
Procedure Act habeas corpus.
(APA).
IND JTP THIS IS THE $54.6m
TRIAL OF THE
CASE
Salvadoran
refugees, who
claimed that they
were tortured by
soldiers in El
Salvador during
the course of a
campaign of
human-rights
violations, brought
action against
Salvadoran
military officials
who had become
United States
permanent
residents, alleging
violations of the
Torture Victim
Protection Act
(TVPA) and Alien
Tort Claims Act
(ATCA).
IND GDJ Muslim victims of (1) Officer was $35m for each P,
torture and other liable for torture, $140m in total.
human rights cruel and inhuman
abuses in Bosnia- treatment,
Herzegovina arbitrary
brought action detention,
under ATS and violations of the
TVPA against law of war, and
former Bosnian crimes against
Serb police officer. humanity under
international law,
and (2) officer was
liable for assault
and batery, false
imprisonment,
intentional
infliction of
emotional distress
and conspiracy
under Georgia
law.
INC PMTD Nigerian émigrés For the reasons set
sued two foreign forth above, the
holding Court grants
companies, one defendants'
incorporated in motion to dismiss
the Netherlands the actions
and one pursuant to
incorporated in Fed.R.Civ.P. 12(b)
the United (6) with respect to
Kingdom, under two claims:
the Alien Tort plaintiff Owens
Claims Act Wiwa's ACTA
(ATCA) and other claim founded on
laws, alleging that an alleged
companies violation of his
participated in right to life, liberty
human rights and security of
violations against person, and his
them in retaliation ACTA claim for
for their political arbitrary arrest
opposition to and detention.
companies' oil Plaintiffs are given
exploration 30 days from the
activities in date of this Order
Nigeria. to re-plead these
claims.
Defendants'
motion to dismiss
is denied in all
other respects.
United States
citizens allegedly
tortured and taken
hostage in Iraq,
and their spouses,
sued government
of Iraq for
damages, under
Foreign Sovereign
Immunities Act
(FSIA).
Family members
of deceased
patients brought
action based on
allegations that
various doctors,
institutions, and
the United States
government
conspired to
conduct extensive,
unproven and
dangerous medical
experiments on
over 140
terminally ill
patients, without
their knowledge or
consent.
Alien ordered
deported by
reason of having
commited
criminal act listed
in Illegal
Immigration
Reform and
Immigrant
Responsibility Act
(IIRIRA)
petitioned for writ
of habeas corpus.
Prisoner, who had
stun belt placed on
him prior to
sentencing
proceeding and
later activated,
brought civil
rights action
against county,
judge, sheriff, and
other defendants.
Plaintiffs brought
suit against Swiss
financial
institutions for
insolvent
institution's
alleged failure to
properly account
for trust funds in
its possession.
This is a per Affirmed lower
curiam deicison on court's judgment,
consolidated noting that Taiwan
appeals, without has soverign
recital of facts. immunity under
Westlaw has no FSIA
district court
decision.
Forced
displacement,
extrajudicial
killing, rape,
destruction of
property, inhuman
and degrading
treatment, crimes
against humanity
Extrajudicial
killing,
kidnapping
SETTELEMENT Human
AGREEMENTAND ORDER, trafficking, forced
CASE SETTLED. (SIGNED labor
BY JUDGE P. KEVIN
CASTEL ON 7/19/04) (DT, )
(ENTERED: 07/20/2004)
See 2007 decision on Section Slavery
1982 claims
Torture
Kidnapping
Kidnapping,
arbitrary detention
Arbitrary
Voluntary dismissal in Nov. detention
19, 2008
Terrorism
Crimes against
humanity
http://www.ccrjustice.or
Torture
Torture
Expropriation of
property
htp://www.cja.org/article.php?id=341
Torture,
extrajudicial
killings, cruel,
inhuman, or
degrading
treatment, race
discrimination,
expropriation of
property
Torture
Terrorism
Slavery
Aug. 26, 2003 46 Forced labor
Leter/Status Report dated
8/6/2003 from Michael
Gordon, Esq. to MJ Gold
advising that the parties
executed a confidential
setlement agreement and
related documents on or
about 5/14/2003. (Lee,
Tiffeny) (Entered:
08/26/2003)
Torture, hostage
taking
extrajudicial
killing, torture,
crimes against
humanity, and
cruel, inhuman or
degrading
treatment.
Negligence
Labor right
Negligence
Stuart H.
Newberger,
Crowell & Moring
Negligence
The action of the HAMAS Terrorism need to get courier
agent in detonating the service to find out
bomb on the Number 18 why U.S.
Egged bus on February 25, governement
1996, falls within the moved to quash
proscriptions of the Torture
Victim Protection Act of
1991, 28 U.S.C. § 1350 note,
which applies, inter alia, to
“... any act ... by which
severe pain or suffering is
intentionally inflicted on [an]
individual ...”
Mousa v. Islamic Republic of
Iran, 238 F. Supp. 2d 1, 11
(D.D.C. 2001)
Forced labor
Environmental
law
Hostage taking
(670) 322-8800
Antitrust
Plaintiff received at least Extrajudicial Jonathan R. Mook:
$2.3m from U.S. government killing, as defined (703) 684-4333
under Victims of Trafficking in TVPA Philip J.
and Violence Protection Act. Hirschkop: 703-
htp://legalift.wordpress.com 836-5555
/2009/04/29/iran-v-elahi/. he Marianne R.
murder of Cyrus Elahi Merrit
constitutes an extrajudicial
killing. The state sponsored
terrorism exception to
immunity expressly adopts
the definition of extrajudicial
killing set forth in the
Torture Victim Protection
Act of 1991, Pub.L. No. 102–
256, § 3(a), 106 Stat. 73 (1992)
(codified at 28 U.S.C. § 1350
note). 28 U.S.C. § 1605(e)(1).
That Act defines an
extrajudicial killing as:a
deliberated killing not
authorized by a previous
judgment pronounced by a
regularly constituted court
affording all judicial
guarantees which are
recognized as indispensable
by civilized peoples. Such
term, however, does not
include any such killing that,
under international law, is
lawfully carried out under
the authority of a foreign
nation.Pub.L. No. 102–256, §
3(a). The murder of Cyrus
Elahi fits within the
definition of extrajudicial
killing. First, the
uncontroverted evidence
introduced at trial
demonstrated that the
assassination of Cyrus Elahi
was a deliberate act. Second,
Cyrus Elahi was not afforded
the judicial process
contemplated by the statute.
Third, as this Court stated
over twenty years ago,
assassination is “clearly
contrary to the precepts of
See 2006 opinion on comity. Unlawful Nathan Lewin:
acquisition 202.828.1000
Grant R Vinik
Edward L.
Sadowsky
Andrew Michael
Zeitlin: (203) 324-
8111
Forced labor,
slavery
After over 10 years, this case Torture, summary
was finally setled in 2009, execution, and
for $15.5m. various other
htp://en.wikipedia.org/wiki/ human rights
Wiwa_v._Royal_Dutch_Shell violations.
_Co.
Criminal Kenneth F.
violations, Race McCallion: (646)
discrimination, 366-0880
cruel, inhuman, H. Rajan Sharma:
and degrading (212) 988-5763
treatment, rights
to life, health, and
security of the
person,
environmental
rights
Labor violations
Genocide, war
crimes and crimes
against humanity
Genocide, war
crimes and crimes
against humanity
N/A
Human
experimentation
Kidnapping,
arbitrary detention
Genocide
Child custody
Genocide
Torture,
expropriation of
property
Treaty Pro se
Environmental
rights, genocide
Kadic v. Karadzic 10/13/1995 70 F.3d 232 (2d Nos. 1541, 1544, 2d Cir. R ATS
Cir.) Dockets 94–9035,
94–9069.
Smith v. Olsen 08/30/1995 76 A.F.T.R.2d 95- No. CIV 94-1710 9th Cir. Y ATS
6478 (D. Ariz.) PHX-PGR
Hamid v. Price 04/07/1995 51 F.3d 1411 (9th Nos. 92–56085, 92– 9th Cir. Y ATS
Waterhouse Cir.) 56198 and 92–
56199
Todd v. Panjaitan 10/26/1994 1994 WL 827111 Civ.A. No. 92- 1st Cir. Y ATS
(D. Mass) 12255-PBS.
Kadic v. Karadzic 09/07/1994 866 F.Supp. 734 Nos. 93 Civ. 0878 2d Cir. R ATS/TVPA
(S.D.N.Y.) (PKL), 93 Civ. 1163
(PKL)
Doe v. Karadzic 09/07/1994 866 F.Supp. 734 Nos. 93 Civ. 0878 2d Cir. R ATS/TVPA
(S.D.N.Y.) (PKL), 93 Civ. 1163
(PKL)
Paul v. Avril 07/01/1994 901 F.Supp. 330 No. 91–399–CIV. 11th Cir. Y ATS
(S.D.Fla.)
In re Estate of 06/16/1994 25 F.3d 1467 (9th No. 92–15526 9th Cir. R ATS
Ferdinand Marcos, Cir.); 103 F.3d 767
Human Rights (9th Cir. 1996)
Litigation
Koohi v. U.S. 10/8/1992 976 F.2d 1328 (9th Nos. 90-16107, 90- 9th Cir. Y ATS
Cir.) 16159
Denegri v. 04/06/1992 1992 WL 91914, *4, Civ. A. No. 86– D.C. Cir. Y ATS
Republic of Chile D.D.C. 3085
Defendant Disposition Grounds of Facts Opinion Damages Others
Dismissal
IND GDJ P's son was killed Awarded $14 14 million Not enforced.
by soldiers in a million damages. Service of
funeral procession judgement failed.
in Indonesian. P See docket.
sued the
Indonesian
commander
IND JTP Suit against ATS and TVPA See the 2000 case.
former Bosnian afford no D enjoined from
Serb leader. jurisdiction over commiting
private further crimes,
individuals; later and enjoined from
reversed. disposing
property.
IND MTD/P NSA Suit against ATS and TVPA $4.5 billion in Sept. No collection since
former Bosnian afford no 2000. See 2001 WL D has no money
Serb leader. On jurisdiction over 986545 (See Doe)
February 11, 1993, private
Doe Plaintiffs filed individuals; later
their class action reversed.
complaint, seeking
redress on behalf
of all women and
men who were
victims of the
following torts
inflicted by
Bosnian–Serb
military forces
under the
command of
defendant:
genocide, war
crimes,4 summary
execution,
wrongful death,
torture, cruel,
inhuman or
degrading
treatment, assault
and batery, rape
and intentional
infliction of
emotional harm.
The class includes
many thousands
of people who
have been subject
to human rights
abuses. Doe
Complaint at ¶¶
10–11. Doe
plaintiffs alleged
that Bosnian–Serb
forces have
systematically
employed brutal
violence against
Bosnian Muslims.
These abuses are
collectively
referred to as
“ethnic cleansing.”
Id. at ¶ 17.
OFF GDJ Haitian President Awarded 41 41 million. Never collected,
Proper Avril was millions of but some
charged with damages for six defendants may be
human rights plaintiffs. privately
violations. The compensated.
Plaintiffs seek htp://www2.webs
compensatory and ter.edu/~corbetre/
punitive damages haiti-
against Defendant, archive/msg07862.
Lieutenant html
General Prosper
Avril (Avril), the
former head of the
Haitian military,
for alleged
“torture[,] cruel,
inhuman or
degrading
treatment;
arbitrary arrest
and detention
without trial; and
other violations of
customary
international law.”
IND GDJ Former Philippine (1) Foreign Defendant liable to
President and Sovereign the class for over
daughter were Immunities Act $766 million in
sued for the (FSIA) did not compensatory
torture and apply to former damages, and $1.2
wrongful death of President's acts of billion in
a Philippine torture, execution, exemplary
citizen and damages
disappearance; (2)
district court had
jurisdiction under
Alien Tort Act; (3)
families stated
cause of action
based on violation
of law of nations;
(4) claims did not
abate upon former
President's death;
and (5) district
court did not
abuse its
discretion in
granting
temporary
injunction, though
case sought only
money damages.
IND MTD/P HOS (In Exile) Widow of political (1) there was no
opponent of exiled waiver of head-of-
president of Haiti state immunity; (2)
brought civil head-of-state
rights action immunity and
against president State Department's
arising out of suggestion of
alleged immunity process
extrajudicial survived Foreign
killing of Sovereign
opponent in Haiti Immunities Act
(FSIA); and (3)
Torture Victim
Protection Act
(TVPA) did not
negate head-of-
state immunity.
OFF MTD/P AOS Alien paroled into ATS claim denied
United States to due to state
testify at heroin immunity. But
conspiracy trial plaintiff won on
filed complaint FTCA claim.
against US officials
for injunctive relief
to prevent
government from
returning him to
foreign country.
IND GDJ Suit against Damages 20K+30K 1.5 million. Actual htp://www.nytim
former for each plantiff amount collected es.com/2006/06/04/
Ethiopian official (3). Affirmed by is $798. Defendant magazine/04tortur
for human rights CoA in 1996. was later deported er.html?
violations during for conviction of pagewanted=all&_
the Red Terror. murder in r=0
Ethiopia.
INC MTD/P LON Plaintiffs filed suit, Court held that Plaintiffs filed one
representing 1 plaintiffs' RICO count under ATS.
million depositors claims must be There is litle
of BCCI bank who dismissed. discussion about
lost $6 million as a Furthermore, the ATS in decision,
rsult of the court held that only a footnote
financial collapse palintiffs lack that mentions how
and regulatory standing. Finally, ATS only imposes
seizure of BCCI the court held that liability for
it lacked subject violation of a
mater jurisdiction treaty or the laws
under principles of of nations. The
international appeal decision
comity and talks more, and
fairness since affirmed in 51 F.3d
plaintiffs' losses 1411 for MTD (3
were proximately years).
caused by foreign
conduct.
Defendants filed a Court held that the
motion for defendants had no
suppression of standing under
evidence and international law
dismissal of to challenge the
indictment in legitimacy of the
connection with search of their
seizure of vessel.
evidence on a Furthermore, the
Venezuelan vessel court found the
after it collided search valid under
with a US Navy US law.
warship.
Rape, torture,
extrajudicial
killings, genocide
Due process
Torture,
extrajudicial
killings, arbitrary
detention
Torture,
extrajudicial
killings, arbitrary
detention
Fraud
Extrajudicial
killing.
Rape, torture,
extrajudicial
killings, genocide
genocide, war
crimes,
extrajudicial
killing, torture,
cruel, inhuman or
degrading
treatment, rape
Torture,
extrajudicial
killings, arbitrary
detention
Torture,
extrajudicial
killing,
kidnapping
Environmental
harm
Extrajudicial
killing
Due process
arbitrary
detention, torture
and cruel,
inhuman and
degrading
treatment
genocide, war
crimes,
extrajudicial
killing, torture,
cruel, inhuman or
degrading
treatment, rape
Torture,
extrajudicial
killing
Extrajudicial
killings
Property damage
Due process
Torture,
expropriation of
property
Expropriatiof
property
Arbitrary
detention, torture
Name Date Citation Docket number Circuit Relevant? Type of Claim
Bagguley v. Bush 12/27/1991 953 F.2d 660 Nos. 90-5239, 90- DC Cir. Y ATS
5241
Lloyd's Syndicate 12/6/1991 780 F.Supp. 998 No. 91 Civ. 1196 2d Cir. Y ATS
609 v. U.S. (KTD)
Amlon Metals, Inc. 10/16/1991 775 F.Supp. 668 No. 91 Civ. 3857 2d Cir. Y ATS
v. FMC Corp. (WCC)
Klinghoffer v. 6/21/1991 937 F.2d 44 2d Cir. N ATS
S.N.C. Achille
Lauro Ed Altri-
Gestione
Motonave Achille
Lauro in
Amministrazione
Straordinaria
Industria 4/30/1991 763 F.Supp. 1154 Civ. A. No. 90- DC Cir. R ATS
Panificadora, S.A. 1694 SSH
v. U.S.
Castillo v. Spiliada 3/9/1990 732 F.Supp. 50; Civ. A. No. 89- 5th Cir. Y ATS
Maritime Corp. 3769.
Von Dardel v. 3/9/1990 736 F.Supp. 1 Civ. A. No. 84- DC Cir. Y ATS
Union of Soviet 0353 AER
Socialist Republics
Saltany v. Reagan 12/23/1989 702 F.Supp. 319 Civ. A. No. 88- DC Cir. R ATS
0981
Saltany v. Reagan 9/29/1989 886 F.2d 438 Nos. 89-5051, 89- DC Cir. FL ATS
5052 and 89-5053
Jones v. Pety Ray 9/27/1989 722 F.Supp. 343; Civ. A. No. H-86- 5th Cir. Y/R ATS
Geophysical 954 F.2d 1061, 1064 2179
Geosource, Inc. (5th Cir. 1992)
Argentine 1/23/1989 109 S.Ct. 683 (get No. 87-1372 2d Cir. Y ATS
Republic v. U.S. numeration)
Amerada Hess
Shipping Corp.
Forti v. Suarez- 7/6/1988 694 F.Supp. 707; No. C-87-2058-DLJ 9th Cir. Y ATS
Mason (see civ. No. in
paper)
Martinex-Baca v. 4/22/1988 1988 U.S. Dist. No. C-87-2057 SC 9th Cir. Y ATS
Suarez-Mason LEXIS 19470
Washington Post 2/5/1988 840 F.2d 26 DC Cir. N ATS
Co. v. U.S. Dept. of
State
Carmichael v. 1/7/1988 835 F.2d 109 No. 86-2979 5th Cir. Y ATS
United
Technologies
Corp.
Forti v. Suarez- 10/6/1987 672 F.Supp. 1531 No. C-87-2058 DLJ 9th Cir. R ATS
Mason
Amerada Hess 9/11/1987 830 F.2d 421 Nos. 333, 334, 2d Cir. R ATS
Shipping Corp. v. Dockets 86-7602,
Argentine 86-7603
Republic
Guinto v. Marcos 10/31/1986 654 F.Supp. 276 Civ. No. 86-0737- 9th Cir. Y ATS
R(CM)
Amerada Hess 5/5/1986 638 F.Supp. 73, Nos. 85 Civ. 4365 2d Cir. R ATS
Shipping Corp. v. (RLC), 85 Civ.
Argentine 4378 (RLC)
Republic
De Arellano v. 4/18/1986 788 F.2d 762 No. 83-1950 DC Cir. Y ATS
Weinberger
Munusamy v. 3/24/1986 784 F.2d 1313 Civ. A. Nos. B-81- 5th Cir. Y ATS
McClelland 800-CA, B-82-143-
Engineers, Inc. CA and B-82-709-
CA
Jaffe v. Boyles 8/27/1985 616 F.Supp. 1371; No. CIV-84-379C 2d Cir. Y ATS
Jaffe, et al v. Giles,
Docket No. 1:84-
cv-00379
(W.D.N.Y. Jan 20,
1993),
Sanchez-Espinoza 8/13/1985 770 F.2d 202 No. 83-1997 DC Cir. Y ATS
v. Reagan
Cruz v. Gulf Fleet 6/20/1984 1986 A.M.C. 763 Civil No. 84-2242 5th Cir. Y ATS
Intern., Inc.
Tamari v. Bache & 3/30/1984 730 F.2d 1103 No. 83-2452 7th Cir. Y ATS
Co. (Lebanon)
S.A.L.
Canadian 2/6/1984 727 F.2d 274 No. 457, Dockets 2d Cir. Y ATS
Overseas Ores Ltd. 82-7618, 82-7640
v. Compania de
Acero Del Pacifico
S.A.
Tel-Oren v. Libyan 2/3/1984 726 F.2d 774 Nos. 81-1870, 81- DC Cir. Y ATS
Arab Republic 1871
Munusamy v. 1/30/1984 579 F.Supp. 149 Civ. A. Nos. B-81- 5th Cir. R ATS
McClelland 800-CA, B-82-143-
Engineers, Inc. CA and B-82-709-
CA
Filartiga v. Pena- 1/10/1984 577 F.Supp. 860 No. 79 C 917 2d Cir. Y ATS
Irala
Ramirez de 12/22/1983 724 F.2d 143 No. 83-1950 DC Cir. N ATS
Arellano v.
Weinberger
De Wit v. KLM 9/7/1983 570 F.Supp. 613 No. 83 Civ. 0817 2d Cir. Y ATS
Royal Dutch (DNE)
Airlines, N.V.
Sanchez-Espinoza 8/1/1983 568 F.Supp. 596 Civ. No. 82-3395 DC Cir. R ATS
v. Reagan
Cheng v. Boeing 6/20/1983 708 F.2d 1406, Nos. 82-4267, 82- 9th Cir. N ATS
Co. 4283, 82-4284 and
82-4288 to 82-4302
Zapata v. Quinn 5/17/1983 707 F.2d 691 (2nd 83-7046 2d Cir. Y ATS
Cir.)
HEDGE v. 12/27/1982 1982 U.S. Dist. No. 82 C 1410 7th Cir. Y ATS
BRITISH LEXIS 16469 (N.D.
AIRWAYS Ill)
Jafari v. Islamic 4/23/1982 539 F.Supp. 209 No. 81 C 4043 7th Cir. Y ATS
Republic of Iran (N.D.Ill.)
Canadian 1/7/1982 528 F.Supp. 1337 No. 78 Civ. 2451 2d Cir. R ATS
Overseas Ores Ltd. (S.D.N.Y.); 727 (MEL)
v. Compania de F.2d 274
Acero Del Pacifico
S.A.
Hanoch Tel-Oren 6/30/1981 517 F.Supp. 542 Civ. A. Nos. 81- DC Cir. R ATS
v. Libyan Arab (D.D.C.) 0563, 81-0564
Republic
Cohen v. Hartman 1/16/1981 634 F.2d 318 (5th No. 80-5584 5th Cir. Y ATS
Cir.)
de Letelier v. 11/5/1980 502 F.Supp. 259 Civ. A. No. 78- DC Cir. Y ATS
Republic of Chile (D.D.C.) 1477
Trans-Continental 10/17/1980 500 F.Supp. 565 No. CV 80-768- 9th Cir. Y ATS
Inv. Corp., S. A. v. (C.D.Cal.) AWT
Bank of
Commonwealth
INC MTD/WP Other Plaintiff, Filipino Court denied See Oct. 06, 1992
seamen, brought a defendant's 115 60 DAY
wage claim against motion for ORDER to dismiss
his former summary case w/o costs &
employer. judgment or stay w/o prej. by Judge
Plaintiffs also of proceeding Peter Beer
sought punitive since: (1) clause of ***CLOSED
damages and employment CASE*** (cm)
claim retaliatory contract did not (Entered:
discharge under deprive court of 10/07/1992)
ATS. jurisdiction over
wage claims; and
(2) whether
plaintiff filed wage
claim in good faith
and whether court
had jurisdiction
were questions of
fact precluding
summary
judgment
STA MTD/P SI Plaintiff, guardian Court granted
of Swedish Soviet Union's
diplomat, borugh motion for relief
action for from default
declaratory and judgment and
injunctive relief motion to dismiss
and damages on grounds that
against Soviet the Soviet Union
Union for alleged did not waive its
unlawful seizure sovereign
and subsequent immunity under
imprisonment and FSIA. Initialliy the
possible death of court found
the diplomat jurisdiction over
Soviet Union
under ATS and
entered a
judgment in
plaintiffs' favor.
However, the
statute did not
waive sovereign
immunity of
Soviet Union
Stated in footnote
that commercial
violations do not
constitute breach
of international
law.
Suit against a
bankruptcy judge
for inappropriate
behavior.
Expropriation of
property
Due process
Expropriation of
property
Environmental
harms
Arbitrary
detention
Arbitrary
detention,
extrajudicial
killing
Extrajudicial
killings, property
damage
Negligence
Torture, arbitrary
detention
Torture,
extrajudicial
killing
Due Process
Destruction of
property
Dissapearence,
cruel, inhuman,
and degrading
treatment
Arbitrary
detention, torture
Arbitary detention
Torure,
Extrajudicial
killing,
dissapearance,
arbitrary detention
Free speech
Expropriation of
property
Negligence
extrajudicial
killings, torture,
rape, destruction
of property
Expropriation of
property
Expropriation of
property
Negligence
Commercial
violations
Breach of contract
Terrorism,
extrajudicial
killing
Negligence
Torture,
extrajudicial
killing
N/A
Body injury
Expropriation of
property
Breach of contract
Expropriation of
property
Extrajudicial
killing
Fraud