Legal Opinion

Abagninin v. Amvac Chemical Corp.

Court of Appeals for the Ninth Circuit

Decided September 24, 2008No. 07-56326PublishedCited by 250 opinions

1Opinion of the Court

McNAMEE, District Judge:

Akebo Abagninin and others who live and work in the Ivory Coast (“Abagninin”) 1 appeal the district court’s dismissal with prejudice of their claims against manufacturers, distributors, and users of the pesticide DBCP for genocide and crimes against humanity under the Alien Tort Statute (“ATS”), 28 U.S.C. § 1350. 2 Abagninin alleges that DBCP caused male sterility and low sperm counts, which AM-VAC knew. The district court granted with prejudice AMVAC’s motion for judgment on the pleadings as to the genocide claim for failure to allege that AMVAC acted with specific…

2Cases cited17 opinions

  1. Foman v. DavisSupreme Court of the United States · 1962
  2. Sprewell v. Golden State WarriorsCourt of Appeals for the Ninth Circuit · 2001
  3. Lee v. City of Los AngelesCourt of Appeals for the Ninth Circuit · 2001
  4. United States v. BaileySupreme Court of the United States · 1980
  5. Evel Knievel Krystal Knievel v. Espn, a Subsidiary of Walt Disney, Inc.Court of Appeals for the Ninth Circuit · 2005

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3Cited by250 opinions

  1. Doe v. Exxon Mobil Corp.Court of Appeals for the D.C. Circuit · 2011
  2. United States v. Jose Valdivia-FloresCourt of Appeals for the Ninth Circuit · 2017
  3. United States v. Yimmi Bellaizac-HurtadoCourt of Appeals for the Eleventh Circuit · 2012
  4. John Doe I v. Nestle, USACourt of Appeals for the Ninth Circuit · 2014
  5. Institute of Cetacean Research v. Sea Shepherd Conservation SocietyDistrict Court, W.D. Washington · 2015

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