Professional Documents
Culture Documents
______________
In The
SUPREME COURT OF THE UNITED
STATES
DOES 1-144, 1-976, 1-677, 1-254
Petitioners,
vs.
CHIQUITA BRANDS
INTERNATIONAL. INC. et al,
Respondents,
_____________
On Petition for Certiorari to the United States
Court of Appeals for the Eleventh Circuit
_____________
PETITION FOR A
WRIT OF CERTIORARI
______________
Paul David Wolf
Attorney for Does 1-144, 1976, 1-677, 1-254
P.O. Box 46213
Denver, CO 80201
(202) 431-6986
LIST OF PARTIES
The 2,051 Doe Petitioners were plaintiffs and
appellees below, proceeding under pseudonyms in the
complaints filed in the Southern District of Florida in
Case Nos. 08-80465, 10-80652, 11-80404, and 11-80405.
Respondents Chiquita Brands International, and ten
Doe Defendants identified in the associated criminal
case, were defendants and appellants below.
ii
TABLE OF CONTENTS
TABLE OF AUTHORITIES ..........................
vii.
1.
JURISDICTION .............................................
1.
CONSTITUTIONAL PROVISIONS,
STATUTE AND REGULATIONS
AT ISSUE .......................................................
1.
4.
4.
6.
9.
10.
10.
11.
iii
opinion. ......................................................
12.
14.
19.
25.
27.
29.
33.
35.
iv
38.
CONCLUSION .........................................
41.
APPENDIX
1.28 U.S. Code 1332 ...............................
1.
10.
13.
14.
15.
6.
20.
37.
132.
140.
10.
152.
159
161
183
186
188
vi
TABLE OF AUTHORITIES
CASES
* Al Shimari v. CACI Premier Tech. Inc.,
2014 WL 2922840 (4th Cir. June 30, 2014) .. 20-23.
Allstate Ins. Co. v. Hague, 449 U.S. 302
(1981) ............................................................. 36, 37.
American Insurance Association v.
Garamendi, 539 U.S. 396 (2003) .....................
31.
36.
23.
39.
Brady v. Xe Services,
Case No. 5:09-CV-449-BO (E.D.N.C.) .............
36.
Chowdhury v. Worldtel,
2014 WL 503037 (2d Cir. Feb. 10, 2014) ........
24.
30.
vii
23.
23.
24.
24.
40.
16.
25.
viii
17.
17.
28.
24.
* Linder v. Portocarrero,
963 F.2d 332 (11th Cir. 1992) .........................
28.
25.
33.
37.
25.
ix
24.
36.
38.
37.
16.
33.
16.
24.
24.
38.
17.
25.
17.
36.
32-33.
35-48.
34.
1.
26, 34.
26.
15.
40.
OTHER
Blacks Law Dictionary (9th ed. 2009) ...........
23.
33.
29.
xi
26.
15.
36.
34.
33.
40.
xii
31.
31.
xiii
OPINIONS BELOW
The decision of the court of appeals, reported
at 760 F.3d 1185 (11th Cir. July 24, 2014), is
reprinted in the Appendix (Appx.) at 161. The
district courts opinion, reported at 792 F. Supp. 2d
1301 (S.D. Fla. 2011), is reprinted at Appx. 37. The
district court also issued a separate opinion for a
similar group of plaintiffs, which is reprinted at
Appx. 132.
STATEMENT OF JURISDICTION
The court of appeals entered its judgment on
July 24, 2014, and denied petitions for panel
rehearing and rehearing en banc on July 24, 2014
and Sept. 4, 2014. Appx. at 161, 182. This Court has
jurisdiction under 28 U.S.C. 1254(1).
CONSTITUTIONAL PROVISIONS, STATUTES
AND REGULATIONS AT ISSUE
U.S. Const. art. III, 2, cl. 1.
The judicial Power shall extend to all Cases, in Law
and Equity, arising under this Constitution, the
Laws of the United States, and Treaties made, or
note
Torture
Victim
Self-Defense
Forces
of
Colombia
Factual
Id.,
conducted
an
investigation
into
the
stop
making
them,
they
were
criminally
Terrorist
Organization,
made
monthly
and
granting
Chiquita's
motion
for
C.
Appx. at 166.
Appx/ at 169.
10
Kiobel
was
"foreign-cubed"
case,
with
in
the
United
States.
Chiquita
is
11
tests
12
adversely
affects
an
important
American
Kiobel,
his
own
concurring
opinion,
Justice
13
Id.
Justice
presumption
Scalia
against
had
described
extraterritoriality
as
In
the
a
14
regulate
conduct
on
domestic,
not
foreign,
exchanges.6
C.
15
contemplated
the
type
of
offense
16
17
The federal
The domestic
18
Mastafa,
19
Id. at *17.
In
has
already
found
that
the
Plaintiffs
20
the
actual
perpetrators
in
Al
The Fourth Circuit didn't find that the Abu Ghraib prison was
effectively within the territory of the United States. It counted
CACI's relationship with the U.S. government as a "contact" of
the case with the U.S. Id.
9
21
CACIs contract
government.
with
22
Al Shimari, 2014 WL
23
New
Jersey,
the
District
of
Columbia,
and
In
24
25
claims
have
completely
different
jurisdictional bases.
The Petitioners in this action are all citizens
and residents of Colombia, while the Respondent is a
US corporation, formerly headquartered in Ohio, and
now in North Carolina.
26
between
each
Plaintiff
and
the
27
In Klaxon Co. v. Stentor Elec. Mfg. Co., 313 U.S. 487 (1941),
the Court explained its reasoning in Erie. To allow federal and
state courts to follow different rules "would do violence to the
principle of uniformity within a state, upon which the [Erie]
decision is based." 313 U.S. at 496.
17 See Linder v. Portocarrero, 963 F.2d 332, 333, 336 (11th Cir.
1992) (torture and murder in Nicaragua actionable in Florida
under Florida state tort law).
16
28
as
Erie
rejected
different
results
29
interest
For example,
Constitution
by
passing
law
that
two
categories
30
of
foreign
affairs
Id. Dormant
despite
Justice
Ginsburg's
dissent,
it
remains inaudible.
Here, the Court has held that it lacks
jurisdiction over extraterritorial ATS claims due to
the absence of any explicit language in the ATS
31
However,
Colombian
prosecutors
have
of
the
federal
government.
This
32
C.
The
where
the
national
interest
was
33
34
35
36
'traditional
notions
substantial justice.'"
of
fair
play
and
In
state
courts
may
hear
In practical
"foreign"
cases
has
not
always
been
the
law.
37
In Pennoyer v.
to
assert
personal
jurisdiction
over
38
federal
interests."
See,
eg.,
Banco
Nacional de Cuba v. Sabbatino, 376 U.S. 398, 426427 (1964) (since act of state doctrine implicates
foreign affairs of United States, doctrine must be
controlled by federal common law). Since the power
to conduct foreign affairs is an exclusively federal
interest, Zschernig v. Miller, 389 U.S. 429 (1968),
federal common law should be applied.
This is
39
40
on
the
foregoing,
Petitioners
_______________________________
Paul David Wolf, DC Bar#480285
Attorney for Does 1-144, 1-976,
1-677 and 1-254
PO Box 46213
Denver, CO 80201
(202) 431-6986
41