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Alien Tort in USA

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TedCarter

Junior Member
What is the name of your state (only U.S. law)? CO

Hello,
I already posted a question under this section, but in the mean time, I got more info about this subject and I'd like to rephrase it a little bit. Is Alien Tort Statute in USA applicable in this case?

My ex-company sued me and its employees lied in the court more than 10 times. Employees that lied include CEO, president of the company and their corporate lawyer (and few more). Here is the catch, I worked for a multinational multibillion corporation from France with branches (among others) in Canada and Bosnia. I'm a Canadian and Bosnian citizen. I worked for Bosnian branch and I was sued by the Bosnian branch for revealing of the trade secret. It was just an attempt (I didn't even took anything, I just contacted other company offering to sell them the computer software), so the company sustained no damage. I was arrested and sentenced way harsher then I should be (few years in custody) because Bosnian branch CEO was influential in the local community and because their employees lied in the court. Plus, they twisted the truth so much, that, if someone from the competition finds about their statement from the court, they will lose tons of customers (they claimed that they don’t have any system security in place although they handle very sensitive customers’ utility data, there would be even terrorist threat if that goes public). In the board of directors of the Bosnian branch are sitting CEO of the Canadian branch and one other person from the France, besides 2 Bosnian citizens. My trial is over, but I can't stand the fact that the company employees lied and I want to sue them (all the proof is in their court testimonials, so it should be easy to prove everything). Now, my question is, since Bosnian legal system is corrupt; I don't think that I can successfully sue the company and each lying individual in Bosnia.
I was thinking to sue CEO of Canadian branch in Canada, because he was involved in the case and he knew about it. But later, when digging into USA and Canadian law system, I'm thinking that this case falls under tort law in Canada (under intentional infliction of mental distress) or under of Bill C-492
jurisdiction, because they prevented me to get out on bail to prove that I'm not that guilty and they used all possible ways to keep me in horrible detention condition, way under European standards, e.g. 6 people in 8.4 square meter cell etc. Wife of the president of the company is the judge in that very same court and that CEO’s wife is a lawyer, so it's clear that I didn't had a fair trial and that my human rights were severely violated. Can it also fall under Alien Tort Statute in USA? That multibillion French company has a huge USA branch. I just want a fair settlement (litigation) for all they did to me and my family (ruined life, emotional pain for the whole family, money not earned because I was in prison etc.).

Regards,
TC
 


Proserpina

Senior Member
What is the name of your state (only U.S. law)? CO

Hello,
I already posted a question under this section, but in the mean time, I got more info about this subject and I'd like to rephrase it a little bit. Is Alien Tort Statute in USA applicable in this case?

My ex-company sued me and its employees lied in the court more than 10 times. Employees that lied include CEO, president of the company and their corporate lawyer (and few more). Here is the catch, I worked for a multinational multibillion corporation from France with branches (among others) in Canada and Bosnia. I'm a Canadian and Bosnian citizen. I worked for Bosnian branch and I was sued by the Bosnian branch for revealing of the trade secret. It was just an attempt (I didn't even took anything, I just contacted other company offering to sell them the computer software), so the company sustained no damage. I was arrested and sentenced way harsher then I should be (few years in custody) because Bosnian branch CEO was influential in the local community and because their employees lied in the court. Plus, they twisted the truth so much, that, if someone from the competition finds about their statement from the court, they will lose tons of customers (they claimed that they don’t have any system security in place although they handle very sensitive customers’ utility data, there would be even terrorist threat if that goes public). In the board of directors of the Bosnian branch are sitting CEO of the Canadian branch and one other person from the France, besides 2 Bosnian citizens. My trial is over, but I can't stand the fact that the company employees lied and I want to sue them (all the proof is in their court testimonials, so it should be easy to prove everything). Now, my question is, since Bosnian legal system is corrupt; I don't think that I can successfully sue the company and each lying individual in Bosnia.
I was thinking to sue CEO of Canadian branch in Canada, because he was involved in the case and he knew about it. But later, when digging into USA and Canadian law system, I'm thinking that this case falls under tort law in Canada (under intentional infliction of mental distress) or under of Bill C-492
jurisdiction, because they prevented me to get out on bail to prove that I'm not that guilty and they used all possible ways to keep me in horrible detention condition, way under European standards, e.g. 6 people in 8.4 square meter cell etc. Wife of the president of the company is the judge in that very same court and that CEO’s wife is a lawyer, so it's clear that I didn't had a fair trial and that my human rights were severely violated. Can it also fall under Alien Tort Statute in USA? That multibillion French company has a huge USA branch. I just want a fair settlement (litigation) for all they did to me and my family (ruined life, emotional pain for the whole family, money not earned because I was in prison etc.).

Regards,
TC

No, you cannot sue in the US.
 

Paul84

Member
The connection to the US is too tenuous. Regardless of that, the US Supreme Court recently made it harder to apply the Alien Tort Statute to claim jurisdiction in a US court. Check out the opinion of Kiobel v Royal Dutch Petroleum of April 2013 e.g. via Google Scholar.
 

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