USA Law and Practice Contributed by: Michael G. Congiu and Gillian Gilbert, Littler
common law. The cases were consolidated in the Southern District of Florida. Litigation history Between 2011 and 2019, over 5,000 wrongful death claims were filed. Some were dismissed or settled, while others reached the Eleventh Cir - cuit on appeal. In 2019, with only Colombian law claims remaining, plaintiffs sought class certifi - cation, which was denied. That same year, the district court granted summary judgment for Chiquita, citing insufficient admissible evidence. However, in 2022, the Eleventh Circuit partially reversed, allowing the case to proceed to trial. Jury verdict (June 2024) In the first bellwether trial, the jury found in favour of eight out of nine plaintiffs, awarding USD2–2.7 million per victim. The jury conclud - ed that Chiquita knowingly provided substantial assistance to the AUC, failed to act as a reason - able businessperson, and engaged in conduct Although the jury verdict was based on Colom - bian law, the case underscores the growing use of US statutes to hold corporations accountable for international misconduct: • the Alien Tort Statute (ATS) grants jurisdiction over civil actions by non-US citizens for torts violating international law or US treaties; • the Torture Victim Protection Act (TVPA) allows foreign nationals to sue individuals for torture or extrajudicial killing; and • the Anti-Terrorism Act (ATA) provides a private that foreseeably caused harm. Legal implications and takeaways right of action for US nationals injured by international terrorism, including treble dam - ages and attorney’s fees.
Recent developments, such as the 2016 Jus - tice Against Sponsors of Terrorism Act (JASTA), have expanded ATA liability to include aiding and abetting. Additionally, the Ninth Circuit’s 2023 decision in Doe I v. Cisco Systems affirmed that US corporations can be held liable under the ATS for aiding and abetting human rights abuses. The aforementioned statutes offer powerful ave - nues for victims of international wrongdoing to seek redress in US courts. Nestlé USA, Inc. v. Doe, 141 S. Ct. 1931 (2021) Background Six Malian nationals alleged they were trafficked as children and forced to work on cocoa farms in Côte d’Ivoire. They filed suit under the Alien Tort Statute (ATS) against US-based companies Nestlé USA, Inc. and Cargill, Inc., claiming the companies aided and abetted child slavery by providing financial and technical support to the farms in exchange for exclusive cocoa purchas - ing rights. Legal issue Whether the plaintiffs could bring claims under the ATS for conduct that occurred primarily out - side the United States, and whether general corporate decision-making in the USA was suf - ficient to establish jurisdiction under the ATS. Supreme Court holding The Court held that the plaintiffs’ claims consti - tuted an impermissible extraterritorial applica - tion of the ATS. The Court emphasised that: • the ATS does not apply extraterritorially unless Congress clearly indicates otherwise; • the plaintiffs failed to allege sufficient domes - tic conduct relevant to the statute’s focus; general corporate activity, such as decision-
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