Wiwa v. Royal Dutch Shell (Packet I – p. 46) – Shell complicit in HR abuses against Ogoni people. 2nd cir reversed DC’s dismissal on forum non conveniens grounds, and denied motion to dismiss. SETTLED.
Bowoto v. Chevron (Packet I – p. 46-47) – Nigerians seized Shell platform. Chevron brought in Nigerian security, whose removal attempts led to two deaths and many arrests. Argued Chevron was vicariously liable for torture and other cruel treatment done by security forces. Jury found for DEFENDANTS.
One of two ATS corporate cases to reach a jury.
Al Shimari v. CACI (Packet I – p. 47) – prisoners held at Abu Ghraib against private contractors. Court found claims against gov’t contractors TOO NOVEL (not up to customary law norm) to satisfy Sosa test for ATS jurisdiction.
Ibazzaz v. Blackwater (Packet I – p. 47) – Claims filed on behalf of two Iraqis killed when B employees opened fire on crowd of Iraqi civilians. Motion to dismiss pending.
2005 – US and Palestinian HR org filed suit against former IDF commander re: Qana (567)
Under ATS and TVPA – alleged Ya’alon participated in decision to shell UN compound at Qana, and had command responsibility for attack