khulumani: a support group. a social movement. a strong voice.

By Georgene M. Vairo: The National Law Journal. Some of the most explosive litigation battles with humongous stakes involve foreign plaintiffs suing multinational companies, including U.S. corporations, allegedly involved in human rights violations.The 2nd U.S. Circuit Court of Appeals in Filartiga v. Pena-Irala, 630 F.2d 876 (2nd Cir. 1980), opened the federal courthouse door to the aggressive use of the Alien Tort Claims Act in human rights litigation. Although the U.S. Supreme Court attempted to cut back the reach of the ATCA in Sosa v. Alvarez-Machain, 542 U.S. 692 (2004), human rights cases continue to occupy a major place on the federal docket. This column briefly reviews both Filartiga and Sosa, updates developments in Khulumani v. Barclay National Bank Ltd., 504 F.3d 254 (2nd Cir. 2007), and then discusses John Doe v. Exxon Mobil Corp., 473 F.3d 345 (D.C. Cir. 2007), cert. denied, Exxon Mobil Corp. v. Doe, 2008 U.S. Lexis 4915 (U.S. June 16, 2008) (No. 07-81), which portends another important human rights litigation development.

• By Dr Marjorie Jobson and Mr Tshepo Madlingozi, Khulumani Support Group, November 2007

Introduction

On October 12, 2007, the Second Circuit Court of Appeal in New York issued its ruling in the Khulumani et al v. Barclays et al lawsuit. In the ruling, the Court reversed the decision of the District Court on the Alien Tort Statute claims, and held that aiding and abetting liability exists and can be pled under the Alien Tort Statue.