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Apartheid (Khulumani v. Barclay National Bank)

Related Lawyers: Michael D. Hausfeld, Jeannine M. Kenney, Reena A. Gambhir
Related Practice Areas: Civil and Human Rights

Khulumani v. Barclay National Bank Ltd., (02-MDL-1499) (S.D.N.Y.). Hausfeld represents the plaintiffs, direct victims and an apartheid support group, who sued dozens of major corporations, both U.S. and foreign, alleging liability for aiding and abetting the South African system of apartheid.

After the case had been stayed for several years pending the Supreme Court’s April 2013 decision in Kiobel v. Royal Dutch Petroleum, 133 S. Ct. 1659 (2013), the Second Circuit, in August 2013, remanded the case back to the district court. Although the Kiobel decision presented a significant hurdle for Plaintiffs, by applying a presumption against extraterritorial application of the Alien Tort Statute (ATS), Plaintiffs petitioned the district court for the opportunity to amend the pleadings and for a finding that corporations could be held liable under the ATS.

After extensive briefing, the District Court found that corporations may be held liable under the ATS and granted Plaintiffs the opportunity to move for leave to file an amended complaint.