Abdullahi v. Pfizer, Inc.
| Decision Date | 30 January 2009 |
| Docket Number | Docket No. 05-4863-cv(L).,Docket No. 05-6768-cv(CON). |
| Citation | 562 F.3d 163 |
| Parties | Rabi ABDULLAHI, individually and as the natural guardian and personal representative of the estate of her daughter Lubabatau Abdullahi, Salisu Abullahi, individually and as the natural guardian and personal representative of the estate of his son Abulliahi [Manufi] Salisu, Alasan Abdullahi, individually and as the natural guardian and personal representative of the estate of his daughter Firdausi Abdullahi, Ali Hashimu, individually and as the natural guardian and personal representative of the estate of his daughter Suleiman, Muhammadu Inuwa, individually and as the natural guardian and personal representative of the estate of his son Abdullahi M. Inuwa, Magaji Alh Laden, individually and as the natural guardian and personal representative of the estate of his son Kabiru Isyaku, Alhaji Mustapha, individually and as the natural guardian and personal representative of the estate of his daughter Asma'u Mustapha, Suleiman Umar, individually and as the natural guardian and personal representative of the estate of his son Buhari Suleiman, Zainab Abdu, a minor, by her mother and natural guardian, Haja Abdullahi, Haji Abdullahi, individually, Firdausi Abdullahi, a minor, by her father and natural guardian Abdullahi Madawaki, Abdullahi Madawaki, individually, Sani Abdullahi, a minor, by his father and natural guardian, Sani Abdullahi, Abdullahi Ado, a minor, by his mother and natural guardian, Aisha Ado, Aisha Ado, individually, Abdumajid Ali, a minor, by his father and natural guardian, Alhaji Yusuf Ali, Nura Muhammad Ali, a minor, by his father and natural guardian, Muhammad Ali, Muhammad Ali, individually, Umar Badamasi, a minor, by his father and natural guardian, malam Badamasi Zubairu, Malam Badamasi Zubairu, individually, Muhammadu Fatahu Danladi, a minor, by his father and natural guardian, Alhaji Danladi Ibrahim, Alhaji Danaldi Ibrahim, individually, Dalha Hamza, a minor, by his father and natural guardian malam Hamza Gwammaja, Malam Gwammaja, individually, Tasiu Haruna, a minor, by his guardian Mukhtar Saleh, Mukhtar Saleh, individually, Muhyiddeen Haasan, a minor, by his father and natural guardian, Tijjani Hassan, Tijjani Hassan, individually, Kawu Adamu Ibrahim, a minor, by his father and natural guardian, Malam Abamus Ibrahim Adamu, Alhaji Ibrahim Haruna, individually, Mallam Idris, individually, Yusuf Idris, a minor, by his father and naturall guardian, Idris Umar, Idris Umar, individually, Hafsat Isa, a minor, by her father and natural guardian, Isa Muhammed Isa, Isa Muhammed Isa, individually, Taju Isa, a minor, by her father and natural guardian, Malam Isa Usman, Malam Isa Usman, individually, Hadiza Isyaku, a minor, by her father and natural guardian, Isyaki Shuaibu, Isyaku Shuaibu, individually, Zahra'u Jafaru, a minor, by her father and antural guardian, Jafru Baba, Jafaru Baba, individually, Anas Mohammed, a minor, by his father and natural guardian, Malam Mohammed, Malam Mohammed, individually, Nafisatu Muhammed, a minor, by her mother and natural guardian, Yahawasu Muhammed, Yahawasu Muhammed, individually, Muhsinu Tijjani, a minor, by his father and natural guardian, Tijjani Hassan, Alhaji Yusuf Ali, Maryam Idris, a minor, by her father and natural guardian, Malam Idris, Ajudu Ismaila Adamu, individually and as parent and natural guardian of Yahaya Ismaica, minor, Malam Mohammed, individually and as parent and natural guardian of Bashir Mohammed, minor, Malam Yusab Ya'u Amale, individually and as parent and natural guardian of Suyudi Yusals Yu'a, minor, Malasm Haruna Adamu, individually and as parent and natural guardian of Mohammed Tasi'u Haruna, minor, Zangon Kwajalawa, individually and as parent and natural guardian of Nuruddim Dauda, minor, Malam Dahauru Ya'y, individually and as parent and natural guardian of Rabi Dahuru, minor and as parent and natural guardian of Zainab Musa Dahuru, minor, Zangon Marikita, individually and as parent and natural guardian of Ismaila Musa, minor, Arhaji Muihammad Soja, individually and as parent and natural guardian and personal representative of Estate of Hamaza Achaji Muhammad, minor, deceased, Achaji Ibrahim Dankwalba, individually and as parent and natural guardian of Personal Representative of Est of Abdullahi Ibrahim, minor, Mallam Lawan, individually and as parent and natural guardian and personal representative of Est. of Aisha Lawan, minor, deceased, Alhaji Muhammed Tsohon Sojo, individually and as parent and natural guardian and personal representative of Est. of Unni Alhasi Muhammed, minor, Ismaila Zubairui, individually and as parent and natural guardian and personal representative of Est. of Mustapha Zubairu, minor, Deceased, Abubaker Musa, individually and as parent and natural of Sa'adatu Musa, Minor, Mohamed Abdu, individually and as parent and natural guardian of Haruna Abdu, minor, Mallam Hassan, individually and as parent and natural guardian and personal representative of Est. of Sadiya Hassan, minor, deceased, Mallam Yakubu Umar, individually and as parent and natural guardian of, Mallam Samaila, individually and as parent and natural guardian of Adamu Samalia, minor, Musa Yahaya, individually and as parent and natural guardian of Ukhasa Musa, minor, Audu Ismailia Adamu, individually and as parent and natural guardian of Yashaya Samaila, Malam Musa Dahiru, individually and as parent, Malam Musa Zango, individually and as parent and natural guardian os Samaila Musa, minor, Mallam Alhassan Maihula, individually and as a parent and natural guardian of Najib Maihula, minor, Mallam Abdullah Gama, individually and as parent and natural guardian of Dankuma Gama, Minor, Dauda Nuhu, individually and as parent and natural guardian and personal representative of Est. of Hamisu Nuhu, minor, deceased, Mallam Abdullahi, individually and as parent and natural guardian and personal representative of Est. of Najaratu Adbullahi, minor, deceased, Malam Umaru Mohammed, individually and as parent and natural guardian and personal representative of Est. of Sule Mohammed, minor, deceased, Mallam Nasiru, individually and as parent and natural guardian and personal representative of Est. of Yusif Nasiru, minor, deceased, Yusuf Musa, individually and as parent and natural guardian and personal representative of Est. of Nafisatu Musa, minor, deceased, Mallam Muritala, individually and as parent and natural guardian and personal representative of Est. of Umaru Muritala, minor, deceased, Mallam Tanko, individually and as parent and natural guardian and personal representative of Est. of madina Tankol, minor deceased, Mallam Sheu, individually and as parent and natural guardian and personal representative of Est. of Madina Tankol, minor, deceased, Malam Kabiru Mohamed, individually and as parent and natural guardian and personal representative of Est. of Kabiru Mohamed, minor, deceased, Mallam Sule Abubakar, individually and as parent and natural guardian and personal representative of Est. of Fatima Abubaker, minor, deceased, Mallam Idris, individually and as parent and natural guardian and personal representative of Est. of Baba Idris, minor, deceased, Mallam Mohamed Bashir, individually and as parent and natural guardian and personal representative of Est. of Sani Bashir, minor, deceased, Ibrahim, individually and as parent and natural guardian and personal representative of Est. Hassan Ibrahim, minor, deceased, Alhaji Shuaibu, individually and as parent and natural guardian and personal representative of Est. of Masjbatu Shuaibu, minor, deceased, Mallam Abdullahi Sale, individually and as parent and natural guardian and personal representative of Est. of Shamisiya Sale, minor, deceased, Mallam Ibrahim Amyarawa, individually and as parent and natural guardian and personal representative of Est. of Yahaya Ibrahim, minor, deceased, Mallam Abdu Abubaker, individually and as parent and natural guardian and personal representative of Est. of Nasitu Abubaker, minor, deceased, Mallam Yusuf, individually and as parent and natural guardian and personal representative of Est. of Hodiza Yusuf, minor, deceased, Mallam Dauda Yusuf, individually and as parent and natural guardian and personal representative of Est. of Abubaker Sheu, minor, deceased, Maliam Mohammed Sheu, individually and as parent and natural guardian and personal representative of Est. of Mustapha Yakubu, minor, deceased, Alhaji Ubah, individually and as parent and natural guardian and personal representative of Est. of Maryam Ubah, minor, deceased, Mallam Mohamadu Jabbo, individually and as parent and natural guardian of Auwalu Mohamadu, Mallam Abdullah Adamu, individually and as parent and natural guardian and personal representative of Est. of Abdullah Adamu, minor, Plaintiffs-Appellants, v. PFIZER, INC., Defendant-Appellee. |
| Court | U.S. Court of Appeals — Second Circuit |
Peter Safirstein (Elaine S. Kusel, Ann M. Lipton, Andrew Wilmar, and Tatiana Rodriguez, on the brief), Milberg Weiss Bershad & Schulman LLP, New York, NY, for Plaintiffs-Appellants Rabi Abdullahi, et al.
Richard Altschuler (Ali Ahmad, Cheverly, MD, on the brief), Altschuler & Altschuler, West Haven, CT, for Plaintiffs-Appellants Ajudu Ismaila Adamu, et al.
Steven Glickstein (David Klingsberg, Maris Veidemanis, James D. Herschlein, and Julie B. du Pont, on the brief), Kaye Scholer LLP, New York, NY, for Defendant-Appellee Pfizer, Inc.
Before: POOLER, B.D. PARKER, and WESLEY, Circuit Judges.
This consolidated appeal is from the judgments of the United States District Court for the Southern District of New York (Pauley, J.) dismissing two complaints for lack of subject matter jurisdiction under the Alien Tort Statute, 28 U.S.C. § 1350 ("ATS"), and in the alternative, on the ground of forum non conveniens. Plaintiffs-Appellants Rabi Abdullahi and other Nigerian children and...
To continue reading
Request your trial
161 cases
-
Johnson v. Brown
... ... by coercing persons into taking what Plaintiffs allege is "experimental" medication: the Pfizer-BioNTech COVID-19 vaccine. Plaintiffs third claim invokes the Supremacy Clause of the Constitution, ... Nat. Res. Def. Council, Inc. , 555 U.S. 7, 22, 129 S.Ct. 365, 172 L.Ed.2d 249 (2008). A plaintiff seeking a preliminary ... See Abdullahi v. Pfizer, Inc. , 562 F.3d 163, 177-78 (2d Cir. 2009). Although the forced medical experiments ... ...
-
Estate of Alvarez v. Johns Hopkins Univ.
... ... It is the successor of Bristol Laboratories and E.R. Squibb & Sons, Inc.'s Squibb Institute for Medical Research, which provided penicillin for use in the Guatemala ... 122] at 18 (quoting Abdullahi v. Pfizer, Inc. , 562 F.3d 163, 187 (2d Cir. 2009) ). Defendants contend that the TAC fails to ... ...
-
Rsm Production Corp. v. Fridman
... ... ( Id. ¶ 10.) BP does business in the United States as BP Corporation North America Inc., and maintains an investor relations office in New York. ( Id. ) ... Defendant ... abide by, or accede to, out of a sense of legal obligation and mutual concern." Abdullahi v. Pfizer, Inc., 562 F.3d 163, 174-75, 173-74 (2d Cir.2009) ... In any case, ... ...
-
Manbeck v. Micka
... ... v. Nat'l Settlement Agency, Inc., No. 07-CV-6865, 2008 WL 4810043, *1, 2008 U.S. Dist. LEXIS 92267, at *2 (S.D.N.Y. Oct. 31, ... Abdullahi v. Pfizer, Inc., 562 F.3d 163, 188 (2d Cir.2009) (internal citations and quotation marks omitted) ... ...
Request a trial to view additional results
1 firm's commentaries
-
United States Supreme Court Unanimously Rules That Only Natural Persons - Not Organizations - Can Be Liable Under Torture Victim Protection Act
...construed violations of various other international law norms as meeting this stringent standard. See, e.g., Abdullahi v. Pfizer, Inc., 562 F.3d 163, 181 (2d Cir. 2009) (nonconsensual medical experimentation); Khulumani v. Barclay Nat'l Bank Ltd., 504 F.3d 254, 258, 264 (2d Cir. 2007) (apar......
14 books & journal articles
-
The Judicial Philosophy of Chief Justice John Roberts: an Analysis Through the Eyes of International Law
...of nonmaritime extraterritorial conduct yet no Justice suggested that therefore it couldn't be maintained."); Abdullahi v. Pfizer, Inc., 562 F.3d 163 (2d Cir. 2009) (finding jurisdiction under the ATS for claims brought by Nigerian nationals against Pfizer for engaging in non-consensual med......
-
An Exception to Jesner: Preventing U.s. Corporations and Their Subsidiaries from Avoiding Liability for Harms Caused Abroad
...whether a corporation can be liable under the ATS); Am. Isuzu Motors, Inc. v. Ntsebeza, 128 S. Ct. 2424 (2008); Abdullahi v. Phizer, Inc., 562 F.3d 163, 191 (2d Cir. 2009) (reversing and remanding district court's dismissal for lack of ATS jurisdiction; settled for $75 million in 2009); Cho......
-
The curious history of the Alien Tort Statute.
...number is based on the lists compiled in the Products Liability Advisory Council brief, supra note 280. (282) Abdullahi v. Pfizer, Inc., 562 F.3d 163 (2d Cir. 2009). The case settled after an appellate court refused to dismiss the complaint. See Joe Stephens, Pfizer Reaches Settlement Agree......
-
A realist defense of the Alien Tort Statute.
...271, 276, 279 (2009). (58.) Doe I v. Unocal Corp., 963 F. Supp 880, 883-84 (C.D. Cal. 1997). (59.) See, e.g., Abdullahi v. Pfizer, Inc., 562 F.3d 163, 177 (2d Cir. 2009) (holding that case against Pfizer alleging nonconsensual medical experimentation on children in Nigeria could proceed und......
Request a trial to view additional results