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CASE NAME:Kurian David v. Signal International, LLC
ALL PLAINTIFFS:Kurian David, Sony Vasudevan Sulekha, Palanyandi Thangamani, Maruganantham Kandhasamy, Hemant Khuttan, Andrews Issac Padaveettiyl, Dhananjaya Kechuru, Sabulal Vijayan, Krishan Kumar, Jacob Joseph Kaddakkarappally, Kuldeep Singh, Thanasekar Chellappan
ALL DEFENDANTS:Signal International, LLC, Malvern C. Burnett, Gulf Coast Immigration Law Center, L.L.C., Law Offices of Malvern C. Burnett, A.P.C., Indo-Ameri Soft L.L.C., Kurella Rao, J & M Associates, Inc. of Mississippi, J&M Associates, Inc. of Mississippi, Global Resources, Inc., Michael Pol, Sachin Dewan, Dewan Consultants Pvt. Ltd., also known as Medtech Consultants
CITATION:2008 U.S. Dist. LEXIS 68787
DOCKET NUMBER: 08-1220
SOURCE:Lexis Search
TYPE OF CASE:Civil
RELATED CASE CITATION:
TYPE OF TRIAL:
TRIAL JUDGE(S):Jay C. Zainey
YEAR OF ARREST:
YEAR OF VERDICT:
TYPE OF COURT:Federal
STATE:Louisiana
FEDERAL DISTRICT:Eastern District Court
STATE COUNTY:
AGE OF VICTIM(S):
NUMBER OF VICTIMS:500 +
GENDER OF VICTIM(S):Male
VICTIM'S COUNTRY OF ORIGIN:India
METHOD OF ENTRY INTO THE U.S.:
WAS VICTIM CHARGED WITH A CRIME:No
NUMBER OF DEFENDANT(S):11
GENDER OF DEFENDANT(S):Female and Male
TYPE OF INDUSTRY:Labor
CASE CATEGORIZATION:Construction Industry
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FIRST CLAIM:Human Trafficking
FIRST CLAIM US/STATE CODE CITATION:18 USC 1595
FIRST CLAIM RESULT:
DAMAGES AWARDED FOR FIRST CLAIM:
SECOND CLAIM:Forced Labor
SECOND CLAIM US/STATE CODE CITATION:18 USC 1589
SECOND CLAIM RESULT:
DAMAGES AWARDED FOR SECOND CLAIM:
THIRD CLAIM:Unlawful discrimination
THIRD CLAIM US/STATE CODE CITATION:42 USC 1981
THIRD CLAIM RESULT:
DAMAGES AWARDED FOR THIRD CLAIM:
FOURTH CLAIM:Abuse of Process
FOURTH CLAIM US/STATE CODE CITATION:18 USC 1589
FOURTH CLAIM RESULT:
DAMAGES AWARDED FOR FOURTH CLAIM:
FIFTH CLAIM:Violations of the Ku Klux Klan Act of 1871
FIFTH CLAIM US/STATE CODE CITATION:42 USC 1985
FIFTH CLAIM RESULT:
DAMAGES AWARDED FOR FIFTH CLAIM:Additional claims:  (6) Fraud and Negligent Misrepresentation; (7) Breach of Contract; (8) Violations of the Fair Labor Standards Act (FLSA), 29 U.S.C. § 206, et seq.; 3 and (9) False Imprisonment, Assault and Battery and Intentional or Negligent Infliction of Emotional Harm. Plaintiffs allege multiple predicate acts of forced labor under 18 U.S.C. § 1589 in furtherance of the defendants' unlawful scheme of RICO Enterprises to profit from recruiting, obtaining and provisioning plaintiffs for work in the United States through fraudulent promises, charging exorbitant payments for recruitment and immigration services and engaging in exploitative and coercive recruitment and labor practices, all of the foregoing in violation of the Racketeer Influenced and Corrupt Organizations Act, 18 U.S.C. § 1962( c), (d) ("RICO").
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APPEAL STILL PENDING?:
SUMMARY:Plaintiffs were construction laborers trafficked via H-2B visas in the aftermath of Hurricane Katrina. Defendants recruited Plaintiffs from India and transported them work sites in Mississippi and Texas. Plaintiffs were promised a path to citizenship in the United States, but were never offered such a path.  They say that they were subjected to high fees for recruitment and travel.  Once they were in the US, Plaintiffs say that they were subjected to abuses such as refusal to pay minimum wage or overtime, unlawful deductions from wages and forced labor.

 Plaintiffs allege that Defendants isolated them, held their passports and other documents, and forced them to live in conditions causing psychological harm, and to limit outside contacts.  Plaintiffs also say they were threatened with harm should they leave the Defendants' company.  Plaintiffs claimed that defendants threatened putative deportation and lied about the terms of Plaintiffs' visas.

The case, as of November 2010, is in the class certification stage.
Approval Status:Approved
Approver Comments:
            
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