Talisman lawsuit (re Sudan)

Sudan army By: Tim Freccia via www.enoughproject.orgIn 2001, the Presbyterian Church of Sudan, as well as a number of Sudanese individuals, filed suit in US federal court against Talisman Energy.  They alleged the company’s complicity in the Sudanese Government’s human rights abuses against non-Muslim Sudanese living in the area of Talisman’s oil concession in southern Sudan and that these abuses amounted to genocide.  The plaintiffs allege that the Sudanese Government was engaged in an armed campaign of ethnic cleansing against the non-Muslim Sudanese which included massive civilian displacement, extrajudicial killing of civilians, torture, rape and the burning of villages, churches and crops.  The court granted Talisman's motion to dismiss on 12 September 2006 finding that the plaintiffs had failed to supply sufficient admissible evidence to permit the lawsuit to go to trial on the plaintiffs' claims.  In February of 2007 plaintiffs appealed this dismissal to the US Court of Appeals for the Second Circuit.  On 2 October 2009, the Court of Appeals ruled on this case, and it affirmed the lower court's dismissal of the lawsuit.  The Court of Appeals also found that to determine liability under the Alien Tort Claims Act the plaintiffs must show that the defendant "purposefully" aided and abetted a violation of international law.  On 15 April 2010, the plaintiffs filed a petition for certiorari with the Supreme Court asking the court to hear an appeal of the lower court's dismissal of the case.  On 20 May 2010, EarthRights International filed an amicus brief with the Supreme Court urging it to hear the appeal and overturn the dismissal of the case.  In October 2010 the Supreme Court announced that it would not hear the appeal in this case.

- "2nd Circuit Finds Aid Must Be 'Purposeful' For Alien Tort Statute Liability", Mark Hamblett, New York Law Journal, 6 Oct 2009
- "Canada says U.S. can't hear lawsuit", Kelly Patterson, CanWest News Service, 26 May 2007
- "Presbyterian Church of Sudan Appeals Genocide Case In US", Stefan J. Bos, BosNewsLife, 17 Mar 2007
- "Judge throws out lawsuit against Talisman", CBC News, 12 Sep 2006
- “Canada asked U.S. to intervene in Talisman Case”, Jeffrey Jones, Reuters, 6 Jul 2005
- “Talisman Suit to Proceed”, BBC News, 20 Mar 2003

- Talisman Energy: Press Release: Lawsuit Against Talisman Energy Dismissed, 12 Sep 2006
- Talisman Energy: Corporate Responsibility - Human Rights
- Berger & Montague, P.C. (plaintiffs’ counsel): Talisman Energy Dealt a Powerful Setback in US Federal Court, 10 Sep 2002

- US Court of Appeals for the Second Circuit: [PDF]Presbyterian Church of Sudan v. Talisman Energy, 2 Oct 2009 [affirming the lower court's dismissal of the lawsuit]
- US District Court for the Southern District of New York: [PDF] Presbyterian Church of Sudan v. Talisman Energy, 12 Sep 2006 [order granting defendant's motion to dismiss]

- [PDF] Presbyterian Church of Sudan, et al. v. Talisman Energy, Inc. - Brief for EarthRights International as Amicus Curiae in Support of Petitioners, 20 May 2010
- [PDF] Presbyterian Church of Sudan, et al. v. Talisman Energy, Inc. - Petition for Writ of Certiorari, Carey D'Avino & Paul Hoffman [counsel for plaintiffs], 15 Apr 2010
- Institute on Religion and Democracy: [PDF] Amicus Brief - Presbyterian Church of Sudan v. Talisman Energy, 7 Mar 2007 [amicus brief filed with US Court of Appeals for the 2nd Circuit in support of the Presbyterian Church of Sudan]
- Washington Legal Foundation: [PDF] Amicus Brief: Presbyterian Church of Sudan v. Talisman Energy, 8 Mar 2007 [amicus brief filed with US Court of Appeals for the 2nd Circuit in support of Talisman Energy] 
- [PDF] Presbyterian Church of Sudan v. Talisman Energy - Opening Brief For Plaintiffs - Appellants, 26 Feb 2007 [brief filed with US Court of Appeals for the 2nd Circuit by the Presbyterian Church of Sudan]

Get RSS feed of these results

All components of this story

Article
30 September 2004

Rights activists target energy firms - Companies urged to guard against potential lawsuits [Canada]

Author: Mark Lowey, Business Edge [Canada]

“Companies should be champions for human-rights reforms in the companies in which they operate,” Alex Neve, secretary-general for Amnesty International’s Canadian section, told the International Bar Association’s first-ever energy law conference held in Calgary last week. “Impartial human-rights work is not political . . . and it’s very, very good for business.” [refers to Talisman, Encana, Syncrude]

Read the full post here

Article
27 September 2004

Is Disengagement the Wisest Choice? [Sudan]

Author: Roger Bate & Benjamin Schwab, American Enterprise Institute

As The Economist stated in a fall 2000 report, "The dirty bottom line is that Talisman is helping the Sudan government finance its war." Though difficult to imagine a few years ago, the situation in Sudan has gone from awful to inconceivably worse. Which begs the question, "Should Talisman have left?"...Talisman effectively abandoned the Sudanese people to Chinese and Indian firms virtually immune to human rights pressures. [Chinese firm: China National Petroleum Corporation; Indian firm: ONGC (Oil & Natural Gas Corporation)] [also refers to Chevron & Shell]

Read the full post here

Article
30 August 2004

Judge rejects Talisman bid to have suit dismissed

Author: Canadian Press

...Talisman's most recent motion to have the suit dismissed on jurisdictional grounds...was rejected by U.S. District Court Judge Denise Cote late last week. The lawsuit, originally filed in New York state in 2001...accuses the energy company of "complicity in genocide and war crimes" during the nearly four years that it was operating in Sudan.

🚫Read the full post here

Article
1 August 2004

The questions over aiding and abetting

Author: Jonathan Birchall, Financial Times

Does a group of Burmese villagers have the right to take legal action in the US against a US oil company over alleged complicity in murder and forced labour in their home country? Unocal, the oil company, will shortly resume its efforts to persuade a federal appeals court in California that they do not...Lawyers representing the Burmese villagers in the Unocal case believe the complaints - of complicity in acts of murder, forced labour and rape - will be sufficient to bring the case to trial. [refers also to cases against ExxonMobil, Talisman, Shell, ChevronTexaco]

🚫Read the full post here

Article
1 July 2004

[PDF] full report: "In Our Court: ATCA, Sosa and the Triumph of Human Rights"

Author: EarthRights International

This report seeks to summarize the history, jurisprudence and politics of ATCA in order to explain how this relatively obscure law became a lightning rod in the world of business and human rights...[refers to Unocal, Chevron (part of ChevronTexaco), ExxonMobil, Freeport-McMoRan, Shell, Texaco (part of ChevronTexaco), Total, Halliburton, Talisman, United Technologies, Price Waterhouse (now PricewaterhouseCoopers), Coca-Cola, Tidewater, Fresh Del Monte Produce, Southern Peru Copper (joint venture Grupo México, Cerro Trading, Phelps Dodge), Newmont, DynCorp (part of Computer Sciences), Ford, Union Carbide (part of Dow), Citigroup, UBS, Credit Suisse, Barclays, IBM, General Motors, Westinghouse, Bank of America, Rio Tinto, Pfizer, DaimlerChrysler, Occidental Petroleum, Drummond, Titan, CACI, Eastman Kodak, Paribas (part of BNP Paribas)]

Read the full post here

Article
21 December 2003

Corporate Voluntarism and Human Rights: The Adequacy and Effectiveness of Voluntary Self-Regulation Regimes

Author: Penelope Simons, School of Social Sciences and Law, Oxford Brookes University, UK, in Relations industrielles: Équité, efficience, éthique ? La régulation sociale de l'entreprise mondialisée

This article reviews and assesses the language, human rights content and compliance mechanisms of the voluntary policies and/or codes developed by a number of corporations, industry groups, intergovernmental organizations and multistakeholder initiatives, as well as associated corporate practices. The analysis shows that these voluntary regimes are flawed and inadequate, and therefore unable to ensure that TNCs are not complicit in human rights violations in their extra-territorial activities... This paper will review and assess the voluntary self-regulatory instruments and practices of Talisman Energy, Premier Oil, BP and Shell. [also refers to Greater Nile Petroleum Operating Company, Unocal, Ivanhoe Mines, First Quantum Mining, PricewaterhouseCoopers, KPMG, Ernst & Young]

Read the full post here

Article
1 August 2003

[PDF] Emerging Threat: Human Rights Claims

Author: Elliot Schrage, Adjunct Senior Fellow in Business & Foreign Policy, Council on Foreign Relations, in Harvard Business Review

...human rights claims should be a pressing concern to every global company. Activist U.S. courts are accepting more and more claims against multinational companies for their business practices in developing countries. The courts are increasingly willing to apply international human rights standards to corporate conduct...In the post-Enron environment, every global company's board of directors needs to oversee its assessment and management of these risks. [refers to lawsuits against Unocal, Talisman, Dole, Chiquita]

Read the full post here

Article
4 April 2003

company website: Corporate Social Responsibility: Talisman in Sudan

Author: Talisman Energy Inc.

🚫Read the full post here

Article
4 April 2003

company website: Corporate Social Responsibility: Talisman in Sudan 2000

Author: Talisman Energy Inc.

🚫Read the full post here

Article
20 March 2003

Suit Alleging Firm Aided Genocide Proceeds

Author: Mark Hamblett, New York Law Journal, in New York Lawyer

A Southern District of New York federal judge has refused to dismiss claims that a Canadian oil company abetted genocide by the government of Sudan against its own people. Talisman Energy Inc. had asked Judge Allen G. Schwartz to dismiss the case brought by plaintiffs who said the company was complicit in a campaign of kidnapping, rape, murder and land confiscation conducted by the government against non-Muslim residents who lived within a 50-mile radius of oil fields and transport systems.

🚫Read the full post here