Freddy Locarno Baloco v. Drummond Company, Inc.
767 F.3d 1229
11th Cir.2014Background
- Plaintiffs are heirs of three Drummond coal-industry union leaders murdered in Colombia in 2001.
- Plaintiffs allege Drummond aided the AUC and that murders were war crimes, under ATS, TVPA, and Colombian wrongful death laws.
- Defendants include Drummond Co., Drummond Ltd., Augusto Jimenez, and Mike Tracy; some other defendants were dismissed.
- District court struck declarations, granted summary judgment against most plaintiffs, and dismissed remaining claims as barred by res judicata.
- Kiobel v. Royal Dutch Petroleum Co. (2013) required reconsideration of extraterritorial ATS claims; court ultimately held Kiobel forecloses ATS claims here for lack of sufficient United States contact.
- Court declined remanding for amendment; dismissed ATS claims without prejudice per Cordona guidance.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Kiobel bars ATS claims here | Plaintiffs argue some conduct touched the United States. | Drummond contends claims rely on extraterritorial conduct. | Kiobel bars ATS claims for lack of sufficient United States contact. |
| Whether ATS claims are barred by res judicata | Original and New Children allege same nucleus of operative facts. | Drummond relied on prior Drummond I judgments. | Original Children barred by claim preclusion; New Children barred similarly. |
| Whether New Children are in privity with Original Children | New Children are heirs sharing interests with Original Children. | Privity不存在 or not established; prior judgment controls. | New Children's TVPA and wrongful death claims barred by Taylor privity doctrine. |
| Whether declarations were properly struck and judicial estoppel applied | Mothers’ and Originals’ declarations were legitimate responses; not sham. | Declarations were sham to create disputes of fact. | District court did not abuse discretion; declarations struck and judicial estoppel applied. |
Key Cases Cited
- Sosa v. Alvarez-Machain, 542 U.S. 692 (2004) (ATS limits; cognizable norms under law of nations)
- Baloco ex rel. Tapia v. Drummond Co., Inc., 640 F.3d 1338 (11th Cir. 2011) (expands ATS tort scope to torture/extrajudicial killings; standing)
- Kiobel v. Royal Dutch Petroleum Co., 133 S. Ct. 1659 (U.S. 2013) (presumption against extraterritorial application of ATS)
- Morrison v. National Australia Bank Ltd., 561 U.S. 247 (2010) (touches on where transaction occurred for extraterritoriality)
- Romero v. Drummond Co., 552 F.3d 1303 (11th Cir. 2008) (ATS/TVPA litigation history in Drummond cases)
- Sinaltrainal v. Coca-Cola Co., 578 F.3d 1252 (11th Cir. 2009) (recognizes torture/extrajudicial killings as ATS violations (partially abrogated by Mohamad))
- Taylor v. Sturgell, 553 U.S. 880 (2008) (privity/representation principles for preclusion)