US Court of Appeals rules it lacks jurisdiction in lawsuit against Daimler, Ford & IBM over alleged racial discrimination & violence during apartheid in So. Africa

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Article
22 August 2013

High Court Decision Cited in Rejection of Apartheid Liability [USA]

Author: Brendan Pierson, New York Law Journal

Three companies cannot be held liable in the United States for racial discrimination and violence in apartheid-era South Africa now that the U.S. Supreme Court has limited the use of the Alien Tort Statute, a federal appeals court has ruled. A unanimous panel of the U.S. Court of Appeals for the Second Circuit ruled Wednesday in Balintulo v. Daimler AG…that U.S. courts have no jurisdiction over the lawsuit because all of the alleged wrongs took place in South Africa…[The judge] rejected all of the arguments put forth by the plaintiffs. The plaintiffs had argued that the Alien Tort Statute still allows suits over foreign conduct if the defendants are U.S. nationals or if the conduct implicates American interests…[Refers to Daimler, Ford, IBM, Shell]

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Article
22 August 2013

Joint press release: US Circuit Court dismisses apartheid litigation

Author: Khulumani Support Group

On Tuesday, 21 August 2013, the 2nd Circuit Court of Appeal dismissed the South Africa Apartheid Lawsuit. The basis of the dismissal was the argument that "the Alien Tort Statute does not reach the extraterritorial conduct in this case", a judgement of the US Supreme Court of Appeals in the Kiobel v Royal Dutch Petroleum Co. case, handed down in April 2013…"Organised business has yet to account and take responsibility for their role during apartheid…" said Marjorie Jobson, national director of Khulumani Support Group. "Only General Motors made a small contribution to which we'll now use to set up an Apartheid Reparations and Rehabilitation Trust Fund for the benefit of the claimants," said…attorneys for the claimants…The latest decision highlights limitations in international law to hold transnational corporations accountable for complicity in the perpetration of gross human rights violations...[Refers to Barclays, Daimler, Ford, Fujitsu, General Motors, IBM, Rheinmetall, UBS]

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Article
21 August 2013

[PDF] Balintulo v. Daimler AG

Author: US Court of Appeals for the Second Circuit

[Full text of court's decision dismissing the case.]

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