Tuesday, September 14, 2010

Balintulo v. Daimler, AG, et al

In Balintulo v. Daimler, AG, et al. the plaintiff, Balintulo is suing Daimler and a number of other European and U.S. companies in federal court for violation of international laws by aiding and abetting the South African regime prior to 1994. Prior to 1994, South African was actively enforcing Apartheid. The plaintiff is arguing that Daimler and the other corporations were aiding and abetting the racist government in South Africa and therefore violated international law.

In 2007, the National Foreign Trade Council, the National Association of Manufacturers, the US Council for International Business, the Organization for International Ivnestment and USAEngage filed an Amicus Brief with the Second Circuit Court of Appeals in support of the defednats who are appealing a lower court ruling in the case. These parties do not want to open themselves up to liability for the actions of foreign governments where they do business. The amicus parties, the US government and the South African government asked the federal court to dismiss the case as it interferes with executive power and the executives ability to conduct international affairs.