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CASE NAME:Vishranthamma Swarna v. Badar Al-Awadi
ALL PLAINTIFFS:Vishranthamma Swarna
ALL DEFENDANTS:Badar Al-Awadi, Halal Al-Shaitan, The State of Kuwait
CITATION:607 F. Supp. 2d 509
DOCKET NUMBER:06-cv-04880
SOURCE:Bloomberg, Lexis Search
TYPE OF CASE:Civil
RELATED CASE CITATION:
TYPE OF TRIAL:
TRIAL JUDGE(S):P. Kevin Castel
YEAR OF ARREST:2000
YEAR OF VERDICT:2009
TYPE OF COURT:Federal
STATE:New York
FEDERAL DISTRICT:Southern District Court
STATE COUNTY:
AGE OF VICTIM(S):Adult
NUMBER OF VICTIMS:1
GENDER OF VICTIM(S):Female
VICTIM'S COUNTRY OF ORIGIN:Kuwait (ethnically Indian)
METHOD OF ENTRY INTO THE U.S.:G-5 visa
WAS VICTIM CHARGED WITH A CRIME:
NUMBER OF DEFENDANT(S):3
GENDER OF DEFENDANT(S):Female and Male
TYPE OF INDUSTRY:Labor
CASE CATEGORIZATION:Domestic Servant
FIRST CHARGE:
FIRST CHARGE US/STATE CODE CITATION:
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SECOND CHARGE:
SECOND CHARGE US/STATE CODE CITATION:
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THIRD CHARGE:
THIRD CHARGE US/STATE CODE CITATION:
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FOURTH CHARGE:
FOURTH CHARGE US/STATE CODE CITATION:
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FIFTH CHARGE:
FIFTH CHARGE US/STATE CODE CITATION:
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CORE TERMS:
SENTENCING OPINION CITATION:
LENGTH OF GREATEST SENTENCE:
RESTITUTION REQUIRED:
FINE IMPOSED:
FORFEITURE IMPOSED:
FIRST CLAIM:Slavery and Slavery-Like Practices
FIRST CLAIM US/STATE CODE CITATION:Alien Tort Claims Act, 28 U.S.C. § 1350
FIRST CLAIM RESULT:Liable
DAMAGES AWARDED FOR FIRST CLAIM:
SECOND CLAIM:Violations of New York State Minimum Wage and Overtime
SECOND CLAIM US/STATE CODE CITATION:New York State Labor Law §§ 190, et seq. and 650, et seq.
SECOND CLAIM RESULT:Liable
DAMAGES AWARDED FOR SECOND CLAIM:
THIRD CLAIM:Violations of New York State Spread of Hours
THIRD CLAIM US/STATE CODE CITATION:New York State Labor Law § 190, et. seq. and 650, et seq. and New York State Department of Labor regulations, 12 N.Y.C.R.R. §§ 137-1.6, 142-2.4
THIRD CLAIM RESULT:Liable
DAMAGES AWARDED FOR THIRD CLAIM:
FOURTH CLAIM:Fraud and Fraudulent Inducement
FOURTH CLAIM US/STATE CODE CITATION:
FOURTH CLAIM RESULT:Liable
DAMAGES AWARDED FOR FOURTH CLAIM:
FIFTH CLAIM:Unjustment Enrichment
FIFTH CLAIM US/STATE CODE CITATION:
FIFTH CLAIM RESULT:Liable
DAMAGES AWARDED FOR FIFTH CLAIM:
SIXTH CLAIM:Breach of Contract
SIXTH CLAIM US/STATE CODE CITATION:
SIXTH CLAIM RESULT:Liable
DAMAGES AWARDED FOR SIXTH CLAIM:
TOTAL AWARD:
APPEAL:Yes
EXPLANATION OF APPEAL:Appealed Judgment
APPELLATE OPINION CITATION:622 F.3d 123; 2009 U.S. Dist. LEXIS 47285
HOLDING OF APPEALS COURT:Deny
APPEAL STILL PENDING?:Yes
SUMMARY:The Defendants are diplomats of Kuwait and the State of Kuwait. The diplomats, a husband and his wife, enticed the victim (originally from India) to move to the United States from Kuwait and work as domestic servant for them. They promised the victim $2000 per month, an annual vacation to visit her family in India, and each Sunday off to attend Church. However, upon arrival the victim's passport and identification were confiscated. During her employment, the victim was forced to work seventeen hours per day, seven days per week. She was paid $200-300 per month, was not allowed to travel to see her family, and was not given Sundays off. She was not allowed to leave the Defendant's home unless supervised and all her communication with the outside world were supervised. The victim was physically, sexually, and psychologically abused. The victim escaped when the Defendants were both out and had left the victim's passport at home. The victim's motion for a default judgment was initially granted against Defendants Badar Al-Awadi and Halal Al-Shaitan. The claims against the State of Kuwait were dismissed for lack of subject matter jurisdiction.
Approval Status:Approved
Approver Comments:
            
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