Scheindlin Preserves Apartheid-Era Suit Against Companies

, New York Law Journal


After a federal appellate court all but instructed her to dismiss the case, Southern District Judge Shira Scheindlin has kept alive a lawsuit accusing Ford, IBM and other companies of abusing human rights by doing business with South Africa's apartheid regime.

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What's being said

  • PatriciaJefferson

    I was under the impression that humanitarianism was universal. When Judge Scheindlin said, "liability under the Alien Tort Statute for providing vehicles, computers and other materials that helped the South African government violate international law through torture and extrajudicial killings." Suddenly, looking into her eyes, I see the love of Jesus Christ. I applaud her. We have sacrificed our troops‘ from the Motherland to Afghanistan, I wonder why not there. I wonder.

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  • David Zaslavsky

    Judge Scheindlin has sought to circumvent precedent for the sake of her political ideals, which she wears on her sleeve. The 2nd Circuit did not grant mandamus because they assumed the lower court would dismiss. The next step of the defendants is to go back to the 2nd Circuit seeking that remedy upon reargument/renewal.

    I hope that upon reargument/renewal, the 2nd Circuit makes its point in a way that cannot again me circumvented by the lower court.

    Mr. Barta‘s point that the lower court is attempting to join the executive and the judicial branches is very good.

  • Ravi Batra

    Given the binding precedent of the Second Circuit and the Supreme Court in Kiobel I and II, respectively, foreign cubed cases must be dismissed for lack of subject matter jurisdiction and there is no corporate liability under ATS.

    The "touch and concern" requirement of Kiobel II to provide subject matter jurisdiction has to be with enough force that principles of sovereignty and the needed presumption against extraterritoriality permits peaceful comity of nations.

    Spain has exhausted and abused extraterritoriality, and under threat from China, after its latest arrest warrant-frolic, is amending its laws to curb its law‘s reach to within its borders. America is no Spain, and ought never be.

    NYLJ should have hyperlinked J. Scheindlin‘s brave Order that seeks to cliff-climb, for like Judge Jack Weinstein, her contrary views require a respectful reading even as it seeks to join the two political branches of government in conducting foreign relations of the United States.

    Dated: 4/21/14
    Ravi Batra

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