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Keywords

lawsuitplaintiffdefendantliabilitystatutemotionsummary judgmentstatute of limitationsmotion for summary judgmentgenocide
lawsuitplaintiffdefendantliabilitystatutemotionsummary judgmentstatute of limitationsmotion for summary judgmentgenocide

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Kashef v. BNP Paribas SA

Facts

The plaintiffs are lawful residents of the United States who fled Sudan due to genocidal acts committed by the Sudanese government. They filed a lawsuit against BNP Paribas, alleging that the bank aided and abetted the government in committing genocide from 1997 to 2011. The case has undergone various procedural developments, including a previous dismissal based on U.S. law, which was reversed by the Second Circuit, allowing the claims to proceed under Swiss law.

The plaintiffs are lawful residents of the United States who fled Sudan due to genocidal acts committed by the Sudanese government. They filed a lawsuit against BNP Paribas, alleging that the bank aided and abetted the government in committing genocide from 1997 to 2011.

Issue

The main legal issues include whether BNP Paribas can be held liable for secondary liability under Swiss law for aiding and abetting the Sudanese government's genocidal acts and whether the plaintiffs' claims are timely.

The main legal issues include whether BNP Paribas can be held liable for secondary liability under Swiss law for aiding and abetting the Sudanese government's genocidal acts and whether the plaintiffs' claims are timely.

Rule

Under Article 50(1) of the Swiss Code of Obligations, to establish secondary liability, plaintiffs must prove that a main perpetrator committed an illicit act, the accomplice consciously assisted the perpetrator, and their cooperation was the natural and adequate cause of the plaintiff's harm.

Under Article 50(1) of the Swiss Code of Obligations, to establish secondary liability, plaintiffs must prove that a main perpetrator committed an illicit act, the accomplice consciously assisted the perpetrator, and their cooperation was the natural and adequate cause of the plaintiff's harm.

Analysis

The court applied the rule by examining the evidence presented by the plaintiffs, which included admissions by BNP Paribas regarding its role in providing financial access to the Sudanese government. The court noted that the Second Circuit had already established that the Sudanese government's actions constituted violations of jus cogens, and thus, the plaintiffs could proceed with their claims of secondary liability.

The court applied the rule by examining the evidence presented by the plaintiffs, which included admissions by BNP Paribas regarding its role in providing financial access to the Sudanese government.

Conclusion

The court denied the defendants' motion for summary judgment in part, allowing the case to proceed on the claims of secondary liability while also addressing the statute of limitations.

The court denied the defendants' motion for summary judgment in part, allowing the case to proceed on the claims of secondary liability while also addressing the statute of limitations.

Who won?

The plaintiffs prevailed in part as the court allowed their claims to proceed, finding sufficient evidence to suggest that BNP Paribas may have knowingly assisted in the genocidal acts.

The plaintiffs prevailed in part as the court allowed their claims to proceed, finding sufficient evidence to suggest that BNP Paribas may have knowingly assisted in the genocidal acts.

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