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Keywords

lawsuittortplaintiffstatuteappealcorporationclass actioninternational lawextraterritoriality
lawsuittortplaintiffstatuteappealcorporationclass actioninternational lawextraterritoriality

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Doe v. Nestle, S.A.

Facts

Plaintiffs, former child slaves, filed a class action lawsuit against Nestle and other corporations, alleging that they aided and abetted child slavery on cocoa farms in the Ivory Coast. The plaintiffs claimed that the corporations provided financial support and resources to farmers who used child slave labor, despite being aware of the pervasive issue. The district court dismissed the case, concluding that the claims sought an impermissible extraterritorial application of the Alien Tort Statute.

Plaintiffs, former child slaves, filed a class action lawsuit against Nestle and other corporations, alleging that they aided and abetted child slavery on cocoa farms in the Ivory Coast. The plaintiffs claimed that the corporations provided financial support and resources to farmers who used child slave labor, despite being aware of the pervasive issue. The district court dismissed the case, concluding that the claims sought an impermissible extraterritorial application of the Alien Tort Statute.

Issue

Whether the Alien Tort Statute applies to the alleged practices of domestic corporations in aiding and abetting child slavery occurring abroad.

Whether the Alien Tort Statute applies to the alleged practices of domestic corporations in aiding and abetting child slavery occurring abroad.

Rule

The presumption against extraterritoriality does not preclude the application of the Alien Tort Statute to domestic conduct that constitutes aiding and abetting violations of international law.

The presumption against extraterritoriality does not preclude the application of the Alien Tort Statute to domestic conduct that constitutes aiding and abetting violations of international law.

Analysis

The court applied a two-step analysis known as the focus test to determine whether the Alien Tort Statute could apply to the actions of domestic corporations. It concluded that the financial support provided by the corporations to farmers in the Ivory Coast, which facilitated child slavery, constituted domestic conduct because it originated from the corporations' U.S. offices. Therefore, the court found that the claims were not impermissibly extraterritorial.

The court applied a two-step analysis known as the focus test to determine whether the Alien Tort Statute could apply to the actions of domestic corporations. It concluded that the financial support provided by the corporations to farmers in the Ivory Coast, which facilitated child slavery, constituted domestic conduct because it originated from the corporations' U.S. offices. Therefore, the court found that the claims were not impermissibly extraterritorial.

Conclusion

The Ninth Circuit reversed the district court's dismissal and remanded the case for further proceedings, allowing the plaintiffs to pursue their claims against the domestic corporations.

The Ninth Circuit reversed the district court's dismissal and remanded the case for further proceedings, allowing the plaintiffs to pursue their claims against the domestic corporations.

Who won?

The plaintiffs prevailed in the appeal because the court found that their claims could proceed under the Alien Tort Statute, as the conduct in question was deemed domestic.

The plaintiffs prevailed in the appeal because the court found that their claims could proceed under the Alien Tort Statute, as the conduct in question was deemed domestic.

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