- Thread starter
- Staff
- #1
Dadparvar
Staff member
- Nov 11, 2016
- 10,682
- 0
- 6
The US Court of Appeals for the Second Circuit on Wednesday reversed the district court’s dismissal of a class action lawsuit against French bank BNP Paribas over aiding atrocities in Sudan.
The lawsuit was brought in 2016 by 21 refugees from Sudan’s ethnic-cleansing campaign alleging that the bank conspired with and aided and abetted the Sudanese regime. The plaintiffs’ complaint alleges that BNP processed thousands of illegal transactions through its New York offices, which financed weapons purchases and funded a militia in a “well-documented genocidal campaign.”
The reversal comes nearly five years after BNP pleaded guilty to committing large-scale violations of sanctions against Sudan, Cuba and Iran, which resulted in a record $8.97 billion fine.
Circuit Judge Barrington Parker wrote the opinion, which held that the claim is indeed subject to judicial review because the lower court “misapplied the act of state doctrine and erroneously determined that the Adult Plaintiffs’ claims were untimely.”
In the 2018 dismissal, Judge Alison Nathan said the act of state doctrine barred her from examining the validity of Sudan’s official actions. However, the reversal notes that BNP did not introduce evidence suggesting “that genocide is the official policy of Sudan.” Further, the Second Circuit held that “even for purposes of act-of-state deference,” the court cannot deem “genocide, mass rape, and ethnic cleansing” as valid state actions because such acts “violate jus cogens norms.”
The case will be remanded to the district court for further proceedings.
The post Federal appeals court revives lawsuit against French bank over Sudanese atrocities appeared first on JURIST - News - Legal News & Commentary.
Continue reading...
Note: We don't have any responsibilities about this news. Its been posted here by Feed Reader and we had no controls and checking on it. And because News posted here will be deleted automatically after 21 days, threads are closed so that no one spend time to post and discuss here. You can always check the source and discuss in their site.
The lawsuit was brought in 2016 by 21 refugees from Sudan’s ethnic-cleansing campaign alleging that the bank conspired with and aided and abetted the Sudanese regime. The plaintiffs’ complaint alleges that BNP processed thousands of illegal transactions through its New York offices, which financed weapons purchases and funded a militia in a “well-documented genocidal campaign.”
The reversal comes nearly five years after BNP pleaded guilty to committing large-scale violations of sanctions against Sudan, Cuba and Iran, which resulted in a record $8.97 billion fine.
Circuit Judge Barrington Parker wrote the opinion, which held that the claim is indeed subject to judicial review because the lower court “misapplied the act of state doctrine and erroneously determined that the Adult Plaintiffs’ claims were untimely.”
In the 2018 dismissal, Judge Alison Nathan said the act of state doctrine barred her from examining the validity of Sudan’s official actions. However, the reversal notes that BNP did not introduce evidence suggesting “that genocide is the official policy of Sudan.” Further, the Second Circuit held that “even for purposes of act-of-state deference,” the court cannot deem “genocide, mass rape, and ethnic cleansing” as valid state actions because such acts “violate jus cogens norms.”
The case will be remanded to the district court for further proceedings.
The post Federal appeals court revives lawsuit against French bank over Sudanese atrocities appeared first on JURIST - News - Legal News & Commentary.
Continue reading...
Note: We don't have any responsibilities about this news. Its been posted here by Feed Reader and we had no controls and checking on it. And because News posted here will be deleted automatically after 21 days, threads are closed so that no one spend time to post and discuss here. You can always check the source and discuss in their site.