Baloco, et al. v. Drummond Co., Inc., et al., No. 12-15268 (11th Cir. 2014)Annotate this Case
After three employees of Drummond's coal mining operations in Colombia were murdered, the heirs filed suit under the Alien Tort Statute (ATS), 28 U.S.C. 1350; the Torture Victim Protection Act of 1991 (TVPA), 28 U.S.C. 1350 note section 2(a); and the wrongful death law of Columbia. Plaintiffs alleged that the murders were committed by paramilitaries of an organization affiliated with Colombia's military, AUC. The AUC provided security against guerilla attacks for Drummond's coal mining facility and operations. Plaintiffs claimed the the murders occurred during a violent armed conflict between the AUC and a leftist guerilla organization, FARC. The district court concluded that plaintiffs' claims were barred by res judicata. The court dismissed plaintiffs' claims for violation of the law of nations which are brought under the ATS under Rule 12(b)(1); affirmed the district court's decision to strike the Mothers' declarations submitted along with plaintiffs' response opposing defendants' motion for summary judgment; and affirmed the district court's order granting defendants' motion to dismiss and for summary judgment on the TVPA and Colombian wrongful death claims.