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CASE NAME:John Doe v. Nestle, S.A.
ALL PLAINTIFFS:John Does I, John Doe II, John Doe III, Global Exchange
ALL DEFENDANTS:Nestle S.A., Nestle USA, Nestle Ivory Coast, Archer Daniels Midland Co., Cargill Inc., Cargill Cocoa, Cargill West Africa S.A., Corporate Does 1-10
CITATION:
DOCKET NUMBER:2:05-cv-05133-SVW-JTL
SOURCE:Lexis Search
TYPE OF CASE:Civil
RELATED CASE CITATION:
TYPE OF TRIAL:Judge
TRIAL JUDGE(S):Stephen V. Wilson
YEAR OF ARREST:2000
YEAR OF VERDICT:2010
TYPE OF COURT:Federal
STATE:California
FEDERAL DISTRICT:Central District Court
STATE COUNTY:
AGE OF VICTIM(S):Minor
NUMBER OF VICTIMS:Thousands
GENDER OF VICTIM(S):Female and Male
VICTIM'S COUNTRY OF ORIGIN:Mali
METHOD OF ENTRY INTO THE U.S.:
WAS VICTIM CHARGED WITH A CRIME:No
NUMBER OF DEFENDANT(S):17
GENDER OF DEFENDANT(S):
TYPE OF INDUSTRY:Labor
CASE CATEGORIZATION:Agricultural Industry
FIRST CHARGE:
FIRST CHARGE US/STATE CODE CITATION:
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SECOND CHARGE:
SECOND CHARGE US/STATE CODE CITATION:
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SECOND CHARGE SENTENCE:
THIRD CHARGE:
THIRD CHARGE US/STATE CODE CITATION:
THIRD CHARGE VERDICT/PLEA:
THIRD CHARGE SENTENCE:
FOURTH CHARGE:
FOURTH CHARGE US/STATE CODE CITATION:
FOURTH CHARGE VERDICT/PLEA:
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FIFTH CHARGE:
FIFTH CHARGE US/STATE CODE CITATION:
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FIFTH CHARGE SENTENCE:
CORE TERMS:
SENTENCING OPINION CITATION:
LENGTH OF GREATEST SENTENCE:
RESTITUTION REQUIRED:
FINE IMPOSED:
FORFEITURE IMPOSED:
FIRST CLAIM:Forced labor under Alien Tort Statute
FIRST CLAIM US/STATE CODE CITATION:28 U.S.C. § 1350
FIRST CLAIM RESULT:Dismissed
DAMAGES AWARDED FOR FIRST CLAIM:
SECOND CLAIM:Cruel, inhuman, and degrading treatment under Torture Victim Protection Act
SECOND CLAIM US/STATE CODE CITATION:28 U.S.C. § 1350
SECOND CLAIM RESULT:Dismissed
DAMAGES AWARDED FOR SECOND CLAIM:
THIRD CLAIM:Torture under Alien Tort Statute and Torture Victim Protection Act
THIRD CLAIM US/STATE CODE CITATION:28 U.S.C. § 1350
THIRD CLAIM RESULT:Dismissed
DAMAGES AWARDED FOR THIRD CLAIM:
FOURTH CLAIM:Forced labor under Thirteenth Amendment to United States Constitution
FOURTH CLAIM US/STATE CODE CITATION:US Constitution, Thirteenth Amendment
FOURTH CLAIM RESULT:Dismissed
DAMAGES AWARDED FOR FOURTH CLAIM:
FIFTH CLAIM:Forced labor
FIFTH CLAIM US/STATE CODE CITATION:18 U.S.C. §§ 1589, 1590, and 1595
FIFTH CLAIM RESULT:Dismissed
DAMAGES AWARDED FOR FIFTH CLAIM:
SIXTH CLAIM:Forced labor under California Constitution
SIXTH CLAIM US/STATE CODE CITATION:California Constitution, Art. 1, § 6
SIXTH CLAIM RESULT:Dismissed
DAMAGES AWARDED FOR SIXTH CLAIM:
TOTAL AWARD:
APPEAL:No
EXPLANATION OF APPEAL:
APPELLATE OPINION CITATION:
HOLDING OF APPEALS COURT:
APPEAL STILL PENDING?:
SUMMARY:Class action claim by Malian child plaintiffs trafficked by cocoa growers into Cote D'Ivoire and forced to work in cocoa fields that supplied cocoa beans to defendants. Plaintiffs claimed defendants aided and abetted numerous violations of international and US law. Court granted defendants' motion to dismiss with leave to amend. The court held that: (1) the allegations failed to satisfy relevant actus reus and mens rea standards under international law for aiding and abetting; (2) the complaint did not identify any conduct by the defendants that materially affected the conduct of the Ivorian traffickers; and (3) corporations as such cannot be sued under the Alien Tort Statute because corporate liability is not universal and well defined under international law.
Approval Status:Approved
Approver Comments:
            
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