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Appellants' Reply Brief, Marisol Melo Penaloza, et al., v. Drummond Company, INC., et al.

Author: Terrence P. Collingsworth, International Rights Advocates, Published on: 22 July 2016

…Plaintiffs are wrongful death claimants of 34 decedents executed during the Colombian civil conflict by the paramilitary group, Autodefensas Unidas de Colombia (AUC). They brought claims under the Alien Tort Statute (ATS) and Torture Victim Protection Act (TVPA)...and Colombia’s wrongful death law against the Drummond Defendants based on allegations they collaborated with the AUC in the murders of Plaintiffs’ decedents. Drummond’s arguments to affirm the District Court’s pro forma dismissal of all of Plaintiffs’ claims would require this Court to ignore at least four wellestablished rules of procedure: First, this Court’s rulings are overwhelming that in dismissing all of the claims without any dismissal motion by Drummond pending, the District Court was required to provide a ruling with clear reasoning, rather than a general…Second, Drummond ignores clear precedent in urging this Court to simply decide on appeal the complex, factually-laden issues that were not decided by the District Court…Third…Drummond urges the Court, again in the absence of a pending motion and without any specific ruling below by the District Court on the TVPA claims, to act as if there is a motion to dismiss now pending before this Court, and dismiss the TVPA claims…


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Related companies: Drummond