Khulumani v. Barclay National Bank, Limited

504 F.3d 254 (2007)

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Khulumani v. Barclay National Bank, Limited

United States Court of Appeals for the Second Circuit
504 F.3d 254 (2007)

  • Written by Liz Nakamura, JD

Facts

Sakwe Balintulo Khulumani (plaintiff), together with other South African plaintiffs (collectively, Khulumani), sued Barclay National Bank, Limited, along with over 150 other corporations and corporate officers, (collectively, Barclay) (defendants) under the Alien Tort Claims Act (ATCA), alleging that Barclay had aided-and-abetted the government of South Africa in maintaining the apartheid system in violation of international law. The apartheid system was a system of oppressive racial segregation in South Africa that subjugated South Africa’s majority Black population to benefit the white minority. The district court dismissed Khulumani’s case, holding that the district court’s ATCA jurisdiction did not extend to aiding-and-abetting allegations. Khulumani appealed.

Rule of Law

Issue

Holding and Reasoning (Per curiam)

Concurrence (Hall, J.)

Concurrence (Katzmann, J.)

Concurrence/Dissent (Korman, J.)

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