U.S. Appellate Court Reinstates Alien Tort Claims Act against Oil Companies in Myanmar

On September 18, 2002, the U.S. Court of Appeals for the Ninth Circuit reversed the grant of summary judgement of the U.S. District Court for the Central District of California in favor of Unocal on claims under the Plaintiff?s Alien Tort Claims Act (ACTA) and other laws for forced labor, murder, and rape. The case involved human rights violations that allegedly occurred in Myanmar, previously known as Burma. Villagers from the Tenasserim region in Myanmar alleged that the Defendants, Unocal, Total, and two individuals, directly or indirectly subjected the villagers to forced labor, murder, rape, and torture when the Defendants build a gas pipeline through the Tenasserim region. The District Court granted summary judgement for the defendants and dismissed the action. A reason granting Unocal?s motion for summary judgement on the ATCA Claims were that Plaintiffs could not show that Unocal ?actively judgement on the ATCA claims based on forced labor because Plaintiff?s could not establish that Unocal ?actively participated? in the forced labor. The District Courts also determined it did not have subject matter jurisdiction over the Plaintiff?s RICO claim. After having granted summary judgement on all of Plaintiff?s federal claims, the District Court declined to exercise its discretion to retain Plaintiff?s state claims and dismissed those claims. The District Court granted Unocal?s motion to recover costs in the amount of more than $125,000.