Answered step by step
Verified Expert Solution
Link Copied!

Question

1 Approved Answer

Read the case Doe v. Nestle (2014) and afterwards try to answer the following legal scenario: The defendant in this case, a US corporation established

Read the case Doe v. Nestle (2014) and afterwards try to answer the following legal scenario:

The defendant in this case, a US corporation established in California, Flame Wheel Tirehereafter "FWT"is being sued by several survivors and family members of victims killed in a genocide in Central Africa. You were recently hired to sue FWTone of the largest tire companies in the worldunder the Alien Tort Statute. As you have come to learn, a local insurgent group in Central Africa recently overthrew the president of the country and seized power. The defendant, FWT, the largest operator in the country, hoping to continue getting its needed supply of rubber from the rubber plantations, formed a relationship with the rebel group now in control of the country and began to pay them for "security" purposes. The rebel group in return allowed FWT to stay in the country, and the rebels used the money provided by FWT on weapons and supplies. During this same time, the rebel groups continued to blare over the radio vitriol about the recently deposed political party and its supporters who they claimed were "cockroaches" that should be "hunted down and stomped out." FWT also received reports from international humanitarian groups concerned with conditions in the region and who warned FWT of the potential for violence; however, despite these reports, FWT continued to cooperate with the rebel insurgents. At the onset of the killing, your clients and some of their now deceased family members were attacked by rebel insurgents. A few of your clients managed to survive by pretending to be dead and laying amongst their deceased friends and family members for several days. FWT executives claim to have been completely unaware of the conditions going on at the time, despite having dozens of employees on the ground and having ordered an evacuation of the remaining non-essential personnel suspiciously only a few days before the slaughter. FWT attorneys also argued that: they did not owe any duty to your clients to stop the killing; corporations cannot be prosecuted for war crimes under international law; and their only obligation was to their shareholders to receive the lowest cost of rubber. Your clients' suit was brought in the 9th federal circuit, and, based on the precedent established in Doe I v. Nestle (2014), write your best argument for how your case is likely to be decided by the court.

Reference:

https://www.pbs.org/wgbh/frontline/film/firestone-and-the-warlord/

https://scholar.google.com/scholar_case?case=11474817548809239349

https://scholar.google.com/scholar_case?case=9441243257336706772

Step by Step Solution

There are 3 Steps involved in it

Step: 1

blur-text-image

Get Instant Access to Expert-Tailored Solutions

See step-by-step solutions with expert insights and AI powered tools for academic success

Step: 2

blur-text-image

Step: 3

blur-text-image

Ace Your Homework with AI

Get the answers you need in no time with our AI-driven, step-by-step assistance

Get Started

Recommended Textbook for

Essential Criminal Law

Authors: Matthew R Lippman

1st Edition

1452276935, 9781452276939

More Books

Students also viewed these Law questions

Question

1. What does the WACC measure?

Answered: 1 week ago

Question

Will the company help with relocation expenses?

Answered: 1 week ago

Question

What should Gail do now?

Answered: 1 week ago