United States Second Circuit

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Bigio v. The Coca-Cola Co., 10-3607

In an action against two American corporations that in 1994 acquired an interest in an Egyptian corporation which allegedly wrongfully possesses property expropriated from the plaintiffs in Egypt by the Nasser regime in the 1960s, the district court's dismissal for failure to state a claim is affirmed, where: 1) any acts that might have constituted trespass or conversion were not alleged to have been directly undertaken by the defendants, who could not be held primarily liable for the acts of the alleged wrongdoer corporation; 2) claims for trespass and conversion could not succeed on theories of aiding and abetting, agency, or conspiracy; and 3) the plaintiffs could not succeed on an unjust enrichment claim.

Appellate Information

  • Decided 03/19/2012
  • Published 03/19/2012

Judges

  • Livingston

Court

  • United States Second Circuit

Counsel

  • For Appellant:
  • Nathan Lewin, Richard A. Cirillo