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Warlordtheft
post Sep 24 2010, 08:21 PM
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QUOTE (Doc Chase @ Sep 24 2010, 03:24 PM) *
U.S. citizens and based corporate entities are still subject to U.S. law outside of the country - I.E. they come back, they get nailed to the proverbial cross.


Maybe---in my example country X calls the slavery indentured servitude and part of its penal code. Karoline's says it is just providing jobs to the convicts in the foreign country. It even pays them (well it is put in a fund and promptly stolen by govt X's officials).
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Doc Chase
post Sep 24 2010, 08:27 PM
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QUOTE (Warlordtheft @ Sep 24 2010, 08:21 PM) *
Maybe---in my example country X calls the slavery indentured servitude and part of its penal code. Karoline's says it is just providing jobs to the convicts in the foreign country. It even pays them (well it is put in a fund and promptly stolen by govt X's officials).


IIRC, if the international court says 'hey, that's slavery' then the U.S. courts will sit up and take notice. In this particular case, if the plaintiffs had named the executives instead of the corporation, it would have likely gone forward.
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KarmaInferno
post Sep 24 2010, 08:30 PM
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QUOTE (Doc Chase @ Sep 24 2010, 04:27 PM) *
In this particular case, if the plaintiffs had named the executives instead of the corporation, it would have likely gone forward.


Which makes it an example of "Plaintiffs did not do the research".



-k
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Toloran
post Sep 24 2010, 08:35 PM
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QUOTE (Doc Chase @ Sep 24 2010, 12:27 PM) *
IIRC, if the international court says 'hey, that's slavery' then the U.S. courts will sit up and take notice. In this particular case, if the plaintiffs had named the executives instead of the corporation, it would have likely gone forward.


Exactly. Also, the case was brought under a Tort statute. For those not familiar with the term, a Tort is a civil action. ie. This wasn't about the criminal act of slavery, it was about the monetary damages the plaintiffs suffered as a result. They probably sued the corporation (rather then the executives that ordered the acts or the employees who committed them) because it had the biggest pockets.
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Doc Chase
post Sep 24 2010, 08:38 PM
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QUOTE (Toloran @ Sep 24 2010, 08:35 PM) *
Exactly. Also, the case was brought under a Tort statute. For those not familiar with the term, a Tort is a civil action. ie. This wasn't about the criminal act of slavery, it was about the monetary damages the plaintiffs suffered as a result. They probably sued the corporation (rather then the executives that ordered the acts or the employees who committed them) because it had the biggest pockets.



Indeed, because the corporations cover the liability as they were ostensibly 'business operations'.

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Doc Chase
post Sep 24 2010, 08:40 PM
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QUOTE (KarmaInferno @ Sep 24 2010, 08:30 PM) *
Which makes it an example of "Plaintiffs did not do the research".



-k


Well, they're sort of caught between a rock and a hard spot. If they name the executives, then it's questionable as to whether or not Dutch Royal Shell would cover the liability.

The US Court said "DR Shell didn't pull the trigger, Joe Schmoe in Marketing did, so you'll have to sue him."

Man, now I'm just not sure. It's something I'd love to discuss in an international law class...if I was taking one. *cough*
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Karoline
post Sep 24 2010, 09:55 PM
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Karoline's International Cupcakes, where sweating blood isn't a figure of speech (IMG:style_emoticons/default/biggrin.gif)

Also, if any international cupcake conglomerate crops up anytime soon, I'm totally not involved.
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hobgoblin
post Sep 24 2010, 10:16 PM
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QUOTE (Doc Chase @ Sep 24 2010, 09:24 PM) *
U.S. citizens and based corporate entities are still subject to U.S. law outside of the country - I.E. they come back, they get nailed to the proverbial cross.

How do a corporation leave a country anyways?
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hobgoblin
post Sep 24 2010, 10:18 PM
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QUOTE (Warlordtheft @ Sep 24 2010, 08:54 PM) *
Which if it involved a private conversation-can be pretty hard to do. THe other issue is where the suite takes place for example

"This is mister Johnson from HR, care to have lunch?"

Plausible deniability up the ying yang...
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