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Opinion Issued on the Courts own Motion Opinion, Melo et al. v. Drummond

Author: United States Court of Appeals for the Eleventh Circuit, Published on: 27 September 2016

This appeal arises out of the fourth of four actions brought in the Northern District of Alabama by Colombian plaintiffs as legal representatives or wrongful death beneficiaries of decedents allegedly executed by members of the United Self Defense Forces of Colombia (AUC), a right-wing paramilitary group, during a period of heightened conflict between the AUC and the Revolutionary Armed Forces of Colombia (FARC), a left-wing guerilla group. In this action, the Plaintiffs sue Drummond...under the Alien Tort Statute (ATS),...the Torture Victims Protection Act (TVPA),...and Colombian wrongful death law...The Plaintiffs allege that the Defendants provided substantial financial assistance to the Northern Block of the AUC in return for protection of Drummond’s Colombian assets and operations...After this Court affirmed dismissals and summary judgment in two of the related cases..., the district court ordered the parties to show cause why this case should not be dismissed on the authority of this Court’s recent decisions...On January 26, 2016, the district court dismissed with prejudice all of the Plaintiffs’ claims.  The district court did not elaborate upon the grounds for dismissal...After review, we affirm in part, reverse in part, vacate in part, and remand in part with instructions...

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