Question
Hi, I believe I need someone who is familiar with Chiquita cases ( better known for the banana's) In May 2011, the new lawsuits were
Hi,
I believe I need someone who is familiar with Chiquita cases ( better known for the banana's)
In May 2011, the new lawsuits were consolidated with other suits against the company into one, involving allegations of over 4000 killings of Colombian nationals. On 3 June 2011, district court denied Chiquita's motion to dismiss all claims brought under the Alien Tort Statute and the Torture Victim Protection Act. District Judge Kenneth Marra ruled that the plaintiffs may proceed with their claims against Chiquita alleging torture, extrajudicial killings, war crimes and crimes against humanity. The judge rejected Chiquita's argument that the case should be dismissed because it could have foreign policy implications. On 27 March 2012, the judge ruled that the court could also consider plaintiffs' legal claims based on Colombian law. Company appealed the decision. On 24 July 2014, the 11th Circuit Court of Appeals dismissed the claim under the Torture Victim Protection Act ruling that these types of claims cannot proceed against corporations and under Alien Tort Statute due to lack of connection with the U.S. On 14 August 2014, the plaintiffs filed a petition with the court of appeals asking it to rehear the case. In April 2015, the US Supreme Court declined to rehear the case.
My Question is : Would you agree that the 11th Circuit Court of Appeals dismissed the claim and release Chiquita from its appeal ? Please explain the ethical argument which supports your statement.
Cheers !
P.
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