Mujica v. AirScan, Inc.

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Plaintiffs, citizens and former residents of Colombia, filed suit in California against two corporations, both headquartered in the United States, for their alleged complicity in the 1998 bombing of a Colombian village by members of the Colombian Air Force (CAF). The district court dismissed all claims under the political question doctrine. The court held that plaintiffs lack a valid claim under either the Torture Victim Protection Act (TVPA), 28 U.S.C. 1350 Note., pursuant to Mohamad v. Palestinan Auth., or the Alien Tort Statute (ATS), 28 U.S.C. 1350, under Kiobel v. Royal Dutch Petroleum Co.; the court affirmed the district court's judgment of dismissal with respect to plaintiffs' state-law claims, but did so on the ground of international comity; the district court abused its discretion by applying the incorrect legal standard in its comity analysis when it erroneously concluded that a "true conflict" between domestic and foreign law is required for the application of international comity in all circumstances; and, in light of Mujica IV, the court concluded that the state-law claims before the court are not justiciable under the doctrine of international comity. View "Mujica v. AirScan, Inc." on Justia Law