Mohamad v. Rajoub
394 U.S. App. D.C. 277
| D.C. Cir. | 2011Background
- Rahims sue PA and PLO on behalf of Rahim's estate for torture and extrajudicial killing under TVPA and federal common law; district court dismissed for lack of actionability against organizations under TVPA and lack of federal common law claim.
- Events occurred in 1995 in the West Bank; Rahim, a U.S. citizen, was abducted, tortured, and killed in Jericho; a 1996 State Department report states Rahim died in PA custody.
- Complaint was initially filed in SDNY; default entered against defendants; district court granted vacatur of default and dismissed under 12(b)(6) for lack of cognizable TVPA/common-law claims.
- Case was transferred to DC Circuit; Rahims appeal the vacatur ruling and the dismissals on TVPA and federal common law grounds.
- On appeal, the panel reviews the district court’s setting aside of default and the merits of TVPA and federal common law claims for de novo/ab initio analysis.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the district court abused its discretion in setting aside the default. | Rahims contend the default should not have been vacated. | Defendants argue vacatur was proper given meritorious defenses and policy favoring merits-based resolutions. | No abuse; district court did not abuse discretion in vacating the default. |
| Whether the TVPA allows suits against organizations (PA and PLO). | Rahims argue 'individual' includes organizations under TVPA. | Defendants contend 'individual' means natural persons only. | TVPA does not permit suits against PA or PLO; only natural persons may be liable. |
| Whether federal common law claims based on customary international law are cognizable under 28 U.S.C. § 1331. | Rahims contend federal common law forgings exist for law-of-nations claims. | Sosa precludes such a federal common law claim outside ATS-based context; caution against expansion. | No cognizable federal common law claim under § 1331; Sosa guidance applied. |
Key Cases Cited
- Bowoto v. Chevron Corp., 621 F.3d 1116 (9th Cir. 2010) (limits liability theories/defines 'individual' in TVPA context; supports natural-person reading)
- Asgrow Seed Co. v. Winterboer, 513 U.S. 179 (Supreme Court 1995) (plain-meaning rule; 'individual' generally natural person in statutes)
- Sinaltrainal v. Coca-Cola Co., 578 F.3d 1252 (11th Cir. 2009) (TVPA corporate liability discussed; supports limitations on who may be liable)
- Sosa v. Alvarez-Machain, 542 U.S. 692 (Supreme Court 2004) (limits federal common-law libe under § 1331; cautions against broad 'law of nations' claims)
- Weaver v. U.S. Information Agency, 87 F.3d 1429 (D.C. Cir. 1996) (identical words in statute usually same meaning within same act)