More than a decade of litigation in New York federal court whittled dozens of corporate defendants accused of contributing to human rights abuses in South Africa down to just two: Ford Motor Co. and International Business Machines Corp. On Monday, O’Melveny & Myers’ Jonathan Hacker (pictured at left) and Cravath, Swaine & Moore’s Keith Hummel convinced a federal appeals court to clear away the final remaining claims in the case.
A three-judge panel at the Second Circuit concluded Monday that the companies didn’t have a close enough connection to South Africa’s former apartheid regime to sustain a claim under the U.S. Alien Tort Statute (ATS). The ATS allows U.S. courts to hear civil cases brought by foreign nationals, often stemming from human rights violations in other countries.
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