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GEORGES v. UNITED NATIONS

No. 15-455-cv August Term 2015.

834 F.3d 88 (2016)

Delama GEORGES, individually and on behalf of the Estate of Desilus Georges and all others similarly situated; Alius Joseph, individually and on behalf of the Estate of Marie-Claude Lefeuve and all others similarly situated; Lisette Paul, individually and on behalf of the Estate of Fritznel Paul and all others similarly situated; Felicia Paule, individually and on behalf of all others similarly situated; Jean Rony Silfort, individually and on behalf of all others similarly situated, Plaintiffs-Appellants, v. UNITED NATIONS; United Nations Stabilization Mission in Haiti; Edmond Mulet, former Under-Secretary-General of the United Nations Stabilization Mission in Haiti; Ban Ki-moon, Secretary-General of the United Nations, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: August 18, 2016.

Attorney(s) appearing for the Case

BEATRICE LINDSTROM ( Brian Concannon , on the brief), Institute for Justice & Democracy in Haiti, Boston, MA, for Plaintiffs-Appellants.

Ira Kurzban , Kurzban Kurzban Weinger Tetzeli & Pratt P.A., Miami, FL, for Plaintiffs-Appellants.

Jeffrey Brand , Center for Law & Global Justice, University of San Francisco School of Law, San Francisco, CA, for Plaintiffs-Appellants.

ELLEN BLAIN ( Jeannette Vargas , on the brief), Assistant United States Attorneys, for Preet Bharara , United States Attorney for the Southern District of New York, New York, NY, for Amicus Curiae the United States of America.

Benjamin C. Mizer , Principal Deputy Assistant Attorney General, and Sharon Swingle , Attorney, Appellate Staff, Civil Division, United States Department of Justice, Washington, DC, for Amicus Curiae the United States of America.

Mary E. McLeod , Principal Deputy Legal Adviser, and Henry Azar, Jr. , Attorney Adviser, United States Department of State, Washington, DC, for Amicus Curiae the United States of America.

Before: Cabranes, Parker, and Lynch, Circuit Judges.

The principal question presented by this appeal is whether the fulfillment by the United Nations ("UN") of its obligation under Section 29 of the Convention on Privileges and Immunities of the United Nations (the "CPIUN"), Apr. 29, 1970, 21 U.S.T. 1418, to "make provisions for appropriate modes of settlement...

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