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· 3/14/2005

Elsa Cabello v. Armando Fernandez-Larios

Citations

  • 402 F.3d 1148
  • 2005 U.S. App. LEXIS 4216
  • 2005 WL 580533

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that a conspiracy theory of indirect liability is applicable to claims for extrajudicial killing, torture, and crimes against humanity
  • observing that equitable tolling “‘is reserved for extraordinary facts,’” and, before it can be authorized, “‘courts usually require some affirmative misconduct, such as deliberate concealment’”
  • noting that “where a defendant has been found directly or secondarily responsible for acts of torture or extrajudicial killing, the acts are in violation of the law of nations within the meaning of the ... [ATS]”
  • providing that the political climate in Chile as well as the fact that human rights abuses were concealed made it \nearly impossible for [plaintiffs] to discover [defendants'] wrongs\ and file suit within the limitations period
  • awarding four Chilean plaintiffs $3 million each in compensatory damages and $1 million in punitive damages after contested trial
  • upholding jury verdict in favor of plaintiff who brought TVPA claims based on offending acts which occurred in 1973

Source: CourtListener parenthetical corpus (CC0).

Judges: Anderson, Wilson, Owens

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.