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Article

5 Oct 2010

Author:
Marco Simons, Legal Director, Earthrights International

Kiobel's first victim: Flomo v. Firestone

The recent decision by the Second Circuit Court of Appeals in Kiobel v. Royal Dutch Petroleum, which ruled that corporations cannot be sued for human rights abuses under the Alien Tort Statute (ATS), was adopted today by an Indiana federal court in the Flomo v. Firestone case, which alleges forced child labor on rubber plantations in Liberia. Interestingly, while she agreed that corporations cannot be sued under the ATS, the judge in Flomo disagreed with Kiobel in one respect: she said that the court does, in fact, have jurisdiction over an ATS case against a corporation…In the Flomo decision, the judge stated that she would soon issue a subsequent decision that outlines additional reasons for dismissing the case…

Part of the following timelines

US court dismisses lawsuit against Bridgestone-Firestone re alleged forced child labour on Liberian rubber plantations

Firestone lawsuit (re Liberia)