Justia International Law Opinion SummariesArticles Posted in Personal Injury
Badar v. Swissport USA, Inc.
Pakistan International Airlines (“PIA”) failed to transport the body of N.B. to Pakistan for burial due to a miscommunication by employees of Swissport USA, PIA’s cargo loading agent. N.B.’s family members sued PIA and Swissport in New York state court under state law; PIA removed the action to the district court. Following cross-motions for summary judgment and an evidentiary hearing, the district court held that Plaintiffs’ claims are preempted by the Montreal Convention and dismissed the suit. On appeal, Plaintiffs argued that the Montreal Convention, which preempts state-law claims arising from delayed cargo, does not apply because human remains are not “cargo” for purposes of the Montreal Convention and because their particular claims are not for “delay.” The Second Circuit affirmed. The court explained that human remains are cargo for purposes of the Montreal Convention; and on the facts found by the district court, the claims arise from delay. The claims are therefore preempted by the Montreal Convention. The court further wrote that it was Plaintiffs who cut off PIA’s ability to perform under the terms of the waybill. That decision was understandable given the need to bury N.B. quickly, and it cannot be doubted that Plaintiffs found themselves in a hard situation. But their only recourse against PIA and Swissport was a claim under the Montreal Convention, a claim which they have consistently declined to assert. View "Badar v. Swissport USA, Inc." on Justia Law
Does 1 Through 976, et al. v. Chiquita Brands International, Inc., et al.
This appeal arises from a massive and complex multi-district litigation proceeding based on claims—brought in part under the Torture Victim Protection Act, 28 U.S.C. Section 1350, and Colombian law—that Chiquita Brands International and some of its executives provided financial support to the Autodefensas Unidas de Colombia, which murdered thousands of persons in Colombia. In a dozen bellwether cases, the district court issued a comprehensive order granting summary judgment in favor of Defendants. After excluding some of Plaintiffs’ evidence, the court ultimately concluded that the Plaintiffs “fail[ed] to identify any admissible evidence” in support of their allegations that the AUC had killed their respective decedents. On appeal, Plaintiffs argued that the district court abused its discretion in excluding much of their evidence and that genuine issues of material fact precluded summary judgment on their claims. The Eleventh Circuit affirmed in part, vacated in part, reversed in part, and dismissed in part. With respect to the evidentiary rulings, the court concluded that the district court got some right and some wrong. As to the merits, the court held that most of the bellwether Plaintiffs presented sufficient evidence to withstand summary judgment with respect to whether the AUC was responsible for the deaths of their decedents. On the cross-appeals, the court did not reach the arguments presented by the individual Defendants. View "Does 1 Through 976, et al. v. Chiquita Brands International, Inc., et al." on Justia Law
El Omari v. The International Criminal Police Organization
Plaintiff filed an action against the International Criminal Police Organization (“Interpol”), charging negligent infliction of emotional distress and violation of his right to due process of law under the New York State Constitution after Interpol refused to delete a so-called “red notice” identifying Plaintiff as a convicted criminal in the United Arab Emirates (“UAE”). The district court granted Interpol’s motion to dismiss for lack of subject matter jurisdiction, holding that Interpol is a protected organization under the International Organizations Immunities Act (“IOIA”), 22 U.S.C. Sections 288-288l, and thus enjoys the same immunity from suit normally enjoyed by foreign sovereigns. The Second Circuit affirmed concluding that the term “public international organizations” as used in 22 U.S.C. Section 288 includes any international organization that is composed of governments as its members, regardless of whether it has been formed by international treaty. Further, the court found that Interpol qualifies as a “public international organization” for the purposes of 22 U.S.C. Section 288 because its members are official government actors whose involvement is subject to control by participating nations. Next, the Headquarters Agreement between Interpol and the Government of France does not constitute an immunity waiver that would permit the present suit in a United States district court. Finally, the district court did not abuse its discretion by denying Plaintiff’s request for jurisdictional discovery prior to dismissal. View "El Omari v. The International Criminal Police Organization" on Justia Law
Atchley v. AstraZeneca UK Limited
Plaintiffs, victims of Jaysh al-Mahdi terrorist attacks and the victims' family members, filed suit alleging that defendants, large medical supply and manufacturing companies, knowingly gave substantial support to the attacks against them in violation of the Anti-Terrorism Act (ATA), as amended by the Justice Against Sponsors of Terrorism Act (JASTA), and state law. Plaintiffs claim that defendants, aware of Jaysh al-Mahdi's command of the Ministry, secured lucrative medical-supply contracts with the Ministry by giving corrupt payments and valuable gifts to Jaysh al-Mahdi. The district court held that the complaint failed to state claims for either direct or secondary (aiding-and-abetting) liability under the ATA, and that it lacked personal jurisdiction over six foreign defendants.The DC Circuit reversed on three issues and remanded the balance of the issues to be addressed by the district court consistent with the court's opinion. First, the court concluded that plaintiffs plead facts that suffice to support their aiding-and-abetting claim at the motion-to-dismiss stage. Second, with respect to the direct liability claim, the court concluded that plaintiffs have adequately pleaded that defendants' payments to Jaysh al Mahdi proximately caused plaintiffs' injuries. Third, the court concluded that the district court's personal jurisdiction analysis was unduly restrictive. View "Atchley v. AstraZeneca UK Limited" on Justia Law
Turner v. Costa Crociere S.P.A.
Turner, a Wisconsin resident, filed a putative class action against Costa, an Italian cruise operator, and its American subsidiary, alleging that their negligence contributed to an outbreak of COVID-19 aboard the Costa Luminosa during his transatlantic voyage beginning on March 5, 2020. The Luminosa had evacuated a passenger, who subsequently died of COVID-19, from a cruise immediately preceding Turner’s cruise. Costa told passengers that the ship was safe. It did not hire any experts to verify that the ship had been sufficiently cleaned and allegedly failed to refuse boarding to individuals who had COVID-19 symptoms or had traveled to high-risk areas. On March 8, the Luminosa had docked to transport passengers with COVID-19 symptoms to the hospital but did not inform passengers of those circumstances, When passengers disembarked on March 19, 36 of the 75 passengers tested positive for COVID-19. The Eleventh Circuit affirmed the dismissal of Turner’s complaint on forum non conveniens grounds. Turner's passage ticket contract included a forum selection clause requiring that all claims associated with his cruise be litigated in Genoa, Italy. Forum selection clauses are presumptively valid and enforceable; Turner failed to defeat the presumption by showing that the clause was induced by fraud or overreaching, that he would be deprived of his day in court because of inconvenience or unfairness, the chosen law would deprive him of a remedy or enforcement of the clause would contravene public policy.’ View "Turner v. Costa Crociere S.P.A." on Justia Law
Quintero-Perez v. United States
Yañez was shot and killed by a U.S. Border Patrol agent while on the border fence, which is in the United States. After being shot, Yañez fell and landed across the international border. Yañez’s family filed civil claims against the government and individual federal agents.The Ninth Circuit affirmed the rejection of claims under the Alien Tort Statute (ATS) and the Federal Tort Claims Act (FTCA), and a “Bivens” claim. The court rejected an argument that the shooting and Border Patrol’s Rocking Policy, authorizing deadly force in response to rock-throwing, violated an international jus cogens norm against extrajudicial killing and was actionable under the ATS; the ATS does not waive sovereign immunity, even for jus cogens violations. Claims under the FTCA were time-barred. Plaintiff initially did not pursue an FTCA claim because she believed that, under Ninth Circuit precedent, judgment on an FTCA claim would have foreclosed her Bivens claims. Plaintiff amended the complaint to assert FTCA claims after the Supreme Court abrogated that precedent in 2016. The FTCA’s judgment bar did not foreclose a contemporaneously filed Bivens claim when the government had prevailed on the FTCA claim, so the Supreme Court’s decision was irrelevant to this situation. That mistake of law was not outside of plaintiff's control and did not qualify as an extraordinary circumstance supporting equitable tolling. Special factor counseled against extending a Bivens remedy; doing so would challenge a high-level executive policy and implicated national security. View "Quintero-Perez v. United States" on Justia Law
Usoyan v. Republic of Turkey
On May 16, 2017, Turkish security forces clashed with protesters outside the Turkish ambassador’s Washington, D.C. residence. Injured protesters sued the Republic of Turkey, claiming that President Erdogan ordered the attack. They asserted various tort claims, violation of D.C. Code 22-3704, which creates a civil action for injuries that demonstrate an accused’s prejudice based on the victim’s race or national origin, and civil claims under the Justice Against Sponsors of Terrorism Act and under the Alien Tort Statute.After reviewing the videotape of the incident, the district court stated: [T]he protesters remained standing on the designated sidewalk. Turkish security forces ... crossed a police line to attack the protesters. The protesters ... either fell to the ground, where Turkish security forces continued to kick and hit them or ran away."The D.C. Circuit affirmed the denial of Turkey's motion to dismiss. Under the Foreign Sovereign Immunities Act, 28 U.S.C. 1602, a foreign state is “presumptively immune" from the jurisdiction of U.S. courts but a “tortious acts exception,” strips immunity if money damages are sought for personal injury or death, or damage to property, occurring in the U.S. and caused by the tortious act of a foreign state. The court rejected Turkey's argument that the “discretionary function” exception preserved its sovereign immunity. Although the Turkish security detail had a right to protect President Erdogan, Turkey did not have the discretion to commit criminal assaults. The decisions giving rise to the lawsuit were not “‘fraught with’ economic, political, or social judgments.” View "Usoyan v. Republic of Turkey" on Justia Law
Warfaa v. Ali
After the district court entered judgment against defendant on plaintiff's claim of torture under the Torture Victim Protection Act of 1991 (TVPA), defendant challenged the district court's grant of partial summary judgment in favor of plaintiff on defendant's statute of limitations defense.The Fourth Circuit affirmed the district court's judgment, concluding that the district court did not err in granting partial summary judgment against defendant on his statute of limitations defense where equitable tolling applied to plaintiff's claims. In this case, the district court did not err in determining that plaintiff's unrebutted evidence demonstrated extraordinary circumstances justifying equitable tolling where plaintiff presented credible evidence that he lacked realistic access to a legal remedy during and after the Barre regime in Somalia given the absence of a functioning government, widespread chaos and violence, and the risk of reprisal. Therefore, plaintiff satisfied his burden of showing the appropriateness of equitably tolling the limitations period until at least 1997. View "Warfaa v. Ali" on Justia Law
Retana v. Twitter, Inc.
Internet services and social media providers may not be held secondarily liable under the Anti-Terrorism Act (ATA) for aiding and abetting a foreign terrorist organization—here, Hamas—based only on acts committed by a sole individual entirely within the United States.In July 2016, plaintiff and thirteen other police officers were shot and either injured or killed during a tragic mass-shooting committed by Micah Johnson in Dallas, Texas. Plaintiff and his husband filed suit against Twitter, Google, and Facebook, alleging that defendants are liable because they provided material support to Hamas, a foreign terrorist organization that used Internet services and social media platforms to radicalize Johnson to carry out the Dallas shooting.The Fifth Circuit held, based on plaintiffs' allegations, that the Dallas shooting was committed solely by Johnson, not by Hamas's use of defendants' Internet services and social media platforms to radicalize Johnson. Therefore, it was not an act of international terrorism committed, planned, or authorized by a foreign terrorist organization. The court also held that defendants did not knowingly and substantially assist Hamas in the Dallas shooting, again because the shooting was committed by Johnson alone and not by Hamas either alone or in conjunction with Johnson. Therefore, the district court was correct in concluding that defendants are not secondarily liable under the ATA. The court affirmed the district court's judgment. View "Retana v. Twitter, Inc." on Justia Law
Kaplan v. Lebanese Canadian Bank
Plaintiffs filed a second amended complaint (SAC), seeking (A) to hold the bank liable as a principal under the Antiterrorism Act of 1990 (ATA) for providing banking services to Hizbollah, a designated Foreign Terrorist Organization alleged to have injured plaintiffs in a series of terroristic rocket attacks in Israel in July and August 2006; and (B) to hold the bank liable as a coconspirator or aider and abettor of Hizbollah under the Justice Against Sponsors of Terrorism Act (JASTA). The district court granted defendant's motion to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6).The Second Circuit concluded that plaintiffs having abandoned their ATA terrorism and JASTA conspiracy claims, and thus the court addressed only their JASTA aiding-and-abetting claims. In regard to the JASTA aiding-and-abetting claims, the court found merit in plaintiffs' contentions that the district court did not correctly apply the analytical framework set out in Halberstam v. Welch, 705 F.2d 472 6 (D.C. Cir. 1983), specified by Congress as the proper legal framework for assessing such claims. The Halberstam requirements for a claim of aiding and abetting are (1) that the person whom the defendant aided must have performed a wrongful act that caused injury, (2) that the defendant must have been "generally aware of his role as part of an overall illegal or tortious activity at the time that he provide[d] the assistance," and (3) "the defendant must [have] knowingly and substantially assist[ed] the principal violation."The court concluded that the district court erred in its findings as to the plausibility of, and the permissible inferences that could be drawn from, SAC allegations of the bank's knowledge that the customers it was assisting were affiliated with Hizbollah and that it was aiding Hizbollah's terrorist activities. The court explained that the plausibility of the allegations as to LCB's knowledge of Hizbollah's terrorist activities and of the customers' affiliation with Hizbollah is sufficient to permit the inference that LCB was at least generally aware that through its money-laundering banking services to the customers, LCB was playing a role in Hizbollah's terrorist activities. Furthermore, the SAC adequately pleaded that LCB knowingly gave the customers assistance that both aided Hizbollah and was qualitatively and quantitatively substantial. Accordingly, the court vacated the district court's dismissal of the JASTA aiding-and-abetting claims and remanded for further proceedings. View "Kaplan v. Lebanese Canadian Bank" on Justia Law