Justia International Law Opinion Summaries

In this case, the plaintiffs, David Boniface, Nissandère Martyr, and Juders Ysemé, brought claims against Jean Morose Viliena under the Torture Victim Protection Act (TVPA) for events that occurred in Haiti in 2007-08. The claims included the extrajudicial killing of Boniface's brother, Eclesiaste Boniface, the attempted extrajudicial killings of Martyr and Ysemé, and the torture of Martyr and Ysemé. The jury in the U.S. District Court for the District of Massachusetts found Viliena liable and awarded compensatory and punitive damages.Viliena appealed, challenging the findings of liability and the damages awards. He argued that federal courts lacked subject-matter jurisdiction and that Congress did not have the power to authorize causes of action under the TVPA for conduct occurring abroad between foreign nationals. He also contended that the TVPA does not provide for attempted extrajudicial killing and raised various specific challenges to the trial and damages awards.The United States Court of Appeals for the First Circuit reviewed the case. The court affirmed that it had subject-matter jurisdiction over the TVPA claims. However, it vacated the denial of the motion for reconsideration and remanded for the district court to address whether Congress had the power to provide any cause of action under the TVPA for conduct occurring outside the United States between foreign citizens. The court also agreed with Viliena that the TVPA does not provide a cause of action for attempted extrajudicial killing.The court found sufficient evidence to support the jury's findings of liability for the extrajudicial killing and torture claims. However, it determined that a new trial on damages was necessary due to the erroneous inclusion of the attempted extrajudicial killing claims. The case was remanded for further proceedings consistent with the opinion. View "Boniface v. Viliena" on Justia Law

Approximately two years after Jessica Silveira da Silva brought her minor son, A.R., to the United States, A.R.'s father, Edervaldo Rodrigues da Silva, initiated proceedings in federal court to return A.R. to Brazil under the Hague Convention on the Civil Aspects of International Child Abduction. Rodrigues proved that A.R. had been wrongfully removed, and Silveira invoked the "now settled" defense, arguing that A.R.'s extensive ties to the community in Lowell, Massachusetts, weighed against returning him to Brazil.The United States District Court for the District of Massachusetts held a three-day bench trial and ultimately concluded that A.R. was not settled in the United States. The court found that although A.R. had lived in Lowell for over two years, attended the same school, and had some family and community ties, these factors did not sufficiently demonstrate that A.R. was settled. The court ordered Silveira to return A.R. to Brazil.On appeal, the United States Court of Appeals for the First Circuit reviewed the district court's findings. The appellate court held that the district court erred in concluding that A.R. was not settled in the United States. The First Circuit found that the totality of the circumstances, including A.R.'s age, stable home environment, consistent school attendance, and community involvement, demonstrated that A.R. was indeed settled. The court vacated the district court's order and remanded the case for the district court to decide whether to exercise its equitable discretion to order A.R.'s return to Brazil despite his settled status. View "Rodrigues da Silva v. Silveira da Silva" on Justia Law

Two brothers were awarded a $2.79 billion judgment against the Republic of Cuba and other Cuban parties. The brothers subsequently sought to satisfy the federal judgment. The district court concluded that certain assets the brothers sought to attach to satisfy the judgment were not the property of the Cuban government and thus were not subject to attachment in satisfaction of their judgment. The brothers appealed. The trustee who controlled the assets at issue cross-appealed, arguing that the district court erred by denying its motion for attorneys’ fees incurred in proceedings addressing whether it had to turn over the assets to the brothers. The First Circuit affirmed in all respects, holding that the district court (1) did not err in dismissing the case, as the assets at issue were not the property of the Cuban government; and (2) did not err in denying the trustee’s motion for attorneys’ fees as untimely. View "Villoldo v. Castro Ruz" on Justia Law