Ninth Circuit Decision Reignites Rubicon Trafficking Suit

2 min readSources: National Law Review

The Ninth Circuit has reignited a key trafficking suit against Rubicon Resources.

Why it matters: This case sets a precedent, affecting corporate accountability and investor confidence by highlighting U.S. legal reach in global supply chain practices.

  • The Ninth Circuit Court reversed a 2021 dismissal on October 12, 2023.
  • Plaintiffs allege forced labor between 2010 and 2012 in factories tied to Rubicon.
  • The suit leverages the Trafficking Victims Protection Act for legal action.
  • Key precedent from Doe v. Unocal supports extraterritorial application of U.S. laws.

The U.S. Ninth Circuit Court of Appeals has reignited a significant human trafficking lawsuit against Rubicon Resources LLC, highlighting potential increased liability for companies regarding their overseas supply chains. The plaintiffs, Cambodian villagers, allege they were victims of forced labor between 2010 and 2012 in Thai seafood factories associated with Rubicon.

This reopening, decided on October 12, 2023, overturns a 2021 dismissal and uses the Trafficking Victims Protection Act (TVPRA) as its legal backbone. This act is a tool for holding companies accountable when implicated in human rights violations within their supply networks.

The decision also draws from precedents such as Doe v. Unocal, where extraterritorial application of U.S. laws was affirmed, signaling that multinational corporations need to scrutinize their international operations closely. The legal community anticipates that this could prompt significant corporate policy changes, particularly around compliance and risk management strategies in response to potential legal recourse.

By the numbers:

  • 2021 — Year of prior case dismissal, now reversed.
  • 2010-2012 — Period during which alleged forced labor occurred.

What's next: The case will return to a lower court where further proceedings will determine Rubicon's liability.