Court case
Ongoing
Switzerland
Asmania and others vs. Holcim
Climate Change
Human Rights
Feb 1, 2023
IRAdvocates, a U.S.-based NGO, filed a federal class action lawsuit against Apple, Google, Alphabet, Microsoft, Dell, and Tesla, on behalf of fourteen plaintiff children (or their guardian), who were killed in a tunnel collapse in a cobalt mine. The plaintiffs represent a larger class of unnamed children who have faced similar injuries from mining hazards in the Congo. Plaintiffs allege that the Defendants have violated the Trafficking Victims Protection Reauthorization Act (TVPRA).
Plaintiffs filed an appeal the decision of the United States District Court for the District of Columbia. The appeal was filed with the Court of Appeals for the District of Columbia Circuit.
Plaintiffs claim Defendants violated the Trafficking Victims Protection Reauthorization Act (TVPRA). Defendants unjustly benefited by receiving Congo cobalt mined by children performing extremely hazardous work for low pay. Defendants were negligent in supervising, prohibiting, controlling, and/or regulating their cobalt supply chain. Defendants knew or reasonably should have known that unless they intervened to protect Plaintiffs and oversee the work in cobalt mines, the plaintiffs would suffer the alleged injuries. Defendants failed to exercise due care by failing to supervise, prohibit, control, or regulate its employees and agents and failed to investigate the impact of those forced to mine cobalt for Defendants' suppliers.
Plaintiffs also allege that defendants intentionally inflicted emotionally distress against the plaintiffs.
Plaintiffs ask for punitive and exemplary damages.
Case dismissed: The court found that the Plaintiffs lacked standing to bring their claims. The Plaintiffs failed to show a causal connection between injuries and Defendant. Additionally, Plaintiffs did not adequately allege a violation of the TVPRA. The court granted: