Institute for Justice and Democracy in Haiti

Screen Shot 2017-08-14 at 8.30.21 PM

GEORGES v. UNITED NATIONS: THE LAWSUIT AGAINST THE UNITED NATIONS FOR CHOLERA

IJDH, BAI and KKWT filed a class action suit in New York against the UN in October 2013 on behalf of a putative class of all people injured or killed by cholera. The suit requested declaratory relief as well as actual, injunctive, compensatory and punitive damages, including remediation of waterways and provision for adequate sanitation including 2.2 billion required to eradicate cholera. In August of 2016, the Second Circuit Court of Appeals upheld the federal court’s dismissal of the claims.

A chronology of our litigation is as follows:

On October 9, 2013, BAI, IJDH, and law firm Kurzban, Kurzban, Weinger, Tetzelli & Pratt filed a lawsuit against the UN in NY Federal Court. Click here for a full timeline of the events that led up to this.

On October 23, 2014 a judge heard oral arguments on the question of UN immunity. On January 9, 2015, the judge dismissed our case.

On February 12, 2015, we filed a notice of appeal to begin the appeals process. On May 27, 2015, we filed the Plaintiffs’ Principal Appellate Brief. On August 26, 2015, the United States filed an Amicus Curiae Brief in support of affirmance. On September 25, 2015, we filed the Appellants Reply Brief.

On March 1, 2016, the Second Circuit Court of Appeals heard oral arguments.

On August 18, 2016, the Court upheld the United Nations’ immunity from claims. We did not appeal to the Supreme Court.

U.S. District Court, Southern District of New York

1. Complaint by D. Georges and others (“plaintiffs”) against Secretary-General Ban Ki-moon, the United Nations and others

2. Plaintiffs’ Memorandum of Law in Support of Motion for Affirmation that Service of Complaint has Been Made

3. Plaintiffs’ Declaration that service had been made

4. District Court Order directing the UN and U.S. Department of Justice to file opposition and statement of interest respectively

5. U.S. Government Statement of Interest 

6. Plaintiffs’ Opposition Brief 

7. U.S. Government’s Reply 

8. Plaintiffs’ Sur-Reply

9. Amicus Brief by FANM & Haitian Lawyers Association in support of Plaintiffs 

10. Amicus brief by International Law scholars in support of plaintiffs, Georges v. United Nations

11. Amicus Brief by European Law scholars in support of Plaintiffs 

12. Transcript of oral arguments before the District Court 

13. Opinion and order of the District Court

Second Circuit Court of Appeals

1. Plaintiffs-Appellants’ Principal Brief

2. Amicus Brief by the United States of America

3. Plaintiffs-Appellants’ Reply Brief to the United States of America

4. Amicus Brief by human rights organizations in support of Plaintiffs-Appellants

5. Amicus Brief by former UN officials in support of Plaintiffs-Appellants

6. Amicus Brief by Constitutional Law scholars and practitioners in support of Plaintiffs-Appellants

7. Amicus Brief by International Law scholars and practitioners in support of Plaintiffs-Appellants

8. Amicus Brief by Haitian-American organizations in support of Plaintiffs-Appellants

9. Amicus Brief by European Law scholars and practitioners in support of Plaintiffs-Appellan

10. Georges v. United Nations: The lawsuit against the United Nations for Cholera

11. Unofficial transcript of oral argument before the Hon. Judge Lynch, Parker, Cabranes, Second Circuit Court of Appeals 

12. The audio recording of oral argument. You could also read the transcript HERE.

13. Opinion affirming the District Court’s judgment

Click HERE for the pdf version, with citations.

Back to Cholera Accountability page

logo1

 

Contact IJDH

Institute for Justice & Democracy In Haiti
15 Newbury Street
Boston, MA 02116

Telephone: (617) 652-0876
General Inquiries: info@ijdh.org
Media Inquiries: media@ijdh.org


Givva
Use Giving Assistant to save money and support Institute for Justice and Democracy in Haiti Inc.