University of Minnesota



MEMORANDUM


 

To: International Human Rights Law Class Date: September 30, 2005

From: Adjunct Professor Duane Krohnke

 

Re: October 14, 2005 Class

 

U.S. ADJUDICATIVE REMEDIES FOR HUMAN RIGHTS VIOLATIONS OUTSIDE THE U.S.

 

I. Reading Assignment

 

 

 

 

 

 

 

The above additional materials will be posted to: http://www1.umn.edu/humanrts/intlhr.

 

II. Moot Court

 

After a brief introduction, the class will convene as a moot session of the U.S. District Court for the District of Minnesota to hear arguments on a motion to dismiss the Second Amended Complaint in Saleh for failure to state a claim upon which relief can be granted. Professor Krohnke will be the district judge.

 

 

 

 

After the filing of the dismissal motion and the parties’ memoranda of points and authorities, the Court issued the following order:

 

 

Claim

Time Limit

(minutes)

Counts V & VI: ATCA—Cruel, Inhuman or Degrading Treatment & Enforced Disappearance

 

Defendant Titan

15

Plaintiffs

15

Counts VII & IX: ATCA—Arbitrary Detention & Crimes Against Humanity

 

Defendant Titan

15

Plaintiffs

15

 

 

After the oral argument, the entire class will be invited to join the discussion.

 

The actual Saleh case was filed in U.S. District Court for the Southern District of California, which denied defendants’ motion to enjoin a subsequent action by putative class members and then granted defendants’ motion to transfer the case to the U.S. District Court for the Eastern District of Virginia. ( Saleh v. Titan Corp., 353 F. Supp. 2d 1087 (S.D.Cal. 2004); Saleh v. Titan Corp., 361 F. Supp. 2d 1152 (2005).

See generally Center for Constitutional Rights, Saleh v. Titan,

http://www.ccr-ny.org/v2/legal/september_11th/sept11Article.asp?ObjID=8tzsXQmAh2&Content=423.

 



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