United States Second Circuit

In an action brought under the Alien Tort Statute (ATS) claiming that defendant-pharmaceutical company violated a customary international norm prohibiting involuntary medical experimentation on humans when it tested an experimental antibiotic on their children in Nigeria, dismissal for lack of subject matter jurisdiction and forum non conveniens are reversed and remanded where: 1) the district court incorrectly determined the prohibition in customary international law against nonconsensual human medical experimentation could not be enforced through the ATS; 2) changed circumstances in Nigeria since the filing of this appeal required re-examination of the appropriate forum; and 3) the district court incorrectly applied Connecticut's choice of law rules in the Connecticut Products Liability Act (the Adamu action).

Appellate Information

• Decided 01/30/2009
• Published 01/30/2009

Judges

Court

• United States Second Circuit

Counsel