A lawsuit has been filed against Drummond Co. for allegedly paying militia members to kill three union leaders at their coal mine in Colombia.
The leaders, Calmore Locarno, Victor Orcasita and Gustavo Soler, were shot to death in 2001. Their eight children filed the lawsuit.
A federal judge in Northern District of Alabama dismissed the original complaint in 2007, finding that the family members lacked standing to sue under the Alien Tort Statute (ATS) and the Torture Victim Protection Act (TVPA) of 1991.
The District Court ruled that the children could not sue for personal damages because those laws only permit recovery of damages “on behalf of” the deceased. The judge also cited the doctrine of res judicata as a reason for dismissal of five of the eight children.
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