I read about this case back in 2006, started keeping an eye on it, thought I had posted on it, found out I did not, and now I am in the process of re-finding information on this case.
It was a visit to another blogger’s site that jogged my memory on this very imoortant case. That blogger is http://www.mspmedia..net. (Read her post here: http://www.mspmedia.net/2007/05/i-received-following-on-news-list-i-am.html ). I posted a comment at her site, went back to my site, searched my archives, and realized that I did not have a post on this case because I did not have a blog at the time!
But, still I feel that this most important case warrants recognition if only because the litigants seek to obtain justice for all the millions of slaves whose lives were cruelly taken from them by the greedy money-loving sellers of innocent women, children and men into a lifetime of human bondage.
This case is important in not that the litigants won any actual reparations from the federal government, but, that the case was reinstated after being thrown out by a lower court. The litigants cannot file any claims against the U.S. government, but, they can still file claims against the present-day companies that benefited from the enslavement of the defendant’s slave ancestors, enabling them to bring actions for restitution against the corporations that allegedly earned profits enslaving Africans in violation of Northern antislavery laws. The defendants in the action include: FleetBoston Financial Corporation, Aetna Inc., JP Morgan Chase Manhattan Bank, New York Life Insurance Co., Lehman Bros, AIG, and Brown Brothers Harriman.
Under the appeal, the litigants can sue against these companies for violating laws of local disclosure on the sale of human beings, disclosure of humans as property; women, children and men, for those companies’s role in financing, underwriting and supporting slavery. Also, since there is no statute of limitations on such claims being made, the companies being sued cannot claim a time-limit of any suits brought against them by the litigants.
The case was originally filed on March 26, 2002.
Here is the original text of the litigants suit against the companies who grew rich and profited from the human misery and inhumane suffering that slavery caused to the millions of innocent people who were torn away from their homeland in Africa:
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“Dear All,
This is a very exciting moment in the struggle for reparations and we want to keep you up-to-date on the litigation against corporations.
On Monday, May 14, 2007, I filed a petition with the Supreme Court of the United States asking the Court to hear our class action case against corporations for reparations. It is entitled: Farmer-Paellmann v. Brown & Williamson. On May 22, 2007, the case was docketed as No. 06-1533.
As you may know, we won the consumer fraud part of this case in the 7th Circuit Court of Appeals. However, we lost the part demanding the return of wealth from corporations that profited off enslaving our ancestors. We believe that we have a strong chance of being granted review by the Supreme Court and winning our argument.
We have published our Supreme Court petition along with other writings about the corporate restitution effort. To obtain a copy, visit our online store at: www.cafepress.com/rsgincorp. Below is the press release we sent out today about the case. Thank you all for your ongoing support!
Be well,
Deadria
Deadria Farmer-Paellmann, M.A., J.D.
Executive Director
Restitution Study Group
www.rsgincorp.com
917-365-3007
Slave Descendant Takes Reparations Case to the United States Supreme Court http://publish.indymedia.org/en/2007/05/886174.shtml
Restitution Study Group 23 May 2007 18:57 GMT
On Tuesday, May 22, 2007, the Supreme Court of the United States docketed a petition filed by Deadria Farmer-Paellmann — the descendant of Africans enslaved in South Carolina — asking the Court to hear a case against 17 major financial institutions for their role in financing, underwriting and supporting slavery. At issue is whether statues of limitations should be tolled to permit slave descendants to bring actions for restitution against the corporations that allegedly earned profits enslaving Africans in violation of Northern antislavery laws. The case is entitled, Farmer-Paellmann v. Brown & Williamson, No. 06-1533. The defendants in the action include: FleetBoston Financial Corporation, Aetna Inc., JP Morgan Chase Manhattan Bank, New York Life Insurance Co., Lehman Bros, AIG, and Brown Brothers Harriman.
Contacts:
Deadria Farmer-Paellmann: 917-365-3007 or paellmann@rcn.com; Bruce I. Afran: 609-924-2075 or bruceafran@aol.com; Carl J. Mayer: 609-921-0253 or carlmayer@aol.com;
On Tuesday, May 22, 2007, the Supreme Court of the United States docketed a petition filed by Deadria Farmer-Paellmann — the descendant of Africans enslaved in South Carolina — asking the Court to hear a case against 17 major financial institutions for their role in financing, underwriting and supporting slavery. At issue is whether statues of limitations should be tolled to permit slave descendants to bring actions for restitution against the corporations that allegedly earned profits enslaving Africans in violation of Northern antislavery laws. The case is entitled, Farmer-Paellmann v. Brown & Williamson, No. 06-1533. The defendants in the action include: FleetBoston Financial Corporation, Aetna Inc., JP Morgan Chase Manhattan Bank, New York Life Insurance Co., Lehman Bros, AIG, and Brown Brothers Harriman.
“It is a pivotal moment for African Americans and all people, and we believe the Court should hear the case, said Bruce Afran, counsel for Farmer-Paellmann. Co-counsel Carl Mayer added,”the issues presented are unique and are important in settling a long running injustice.”
Farmer-Paellmann originally filed the landmark case on March 26, 2002. It was consolidated with 8 similar actions in the Northern District Federal Court in Chicago, IL in 2003. The consolidated action was dismissed with prejudice by judge Charles Norgle on July 6, 2005. Plaintiffs appealed the case in the 7th Circuit Court of Appeals, one of the most pro-business circuits in the country, and secured an unprecedented victory. In the Decision, written by Judge Posner, the Appeals Court ruled in favor of half the case consisting of consumer fraud and fraud claims. It held that companies that lie about their role in slavery are guilty of fraud. However, they affirmed the lower Court ruling that former slaves should have brought their own claims against the companies and therefore, the plaintiffs are not the proper parties to bring the case.
“It was impossible for slaves or ex-slaves to bring this action. No one knew anything about these companies until 2000,” said Farmer-Paellmann. It was in January of 2000 that Farmer-Paellmann initiated an effort to identify the names of specific companies that played a role in slavery and asked that they apologize and pay reparations. Prior to that time, books written on the history of slavery never identified any of the defendants as participants in slavery. However, the Appeals Court suggested that books written prior to the 2002 action should have been enough for former slaves to bring their own actions.
Adding to the absence of information identifying the defendants as slave profiteers is the fact that many of the defendants continue to deny that they played a role in slavery. Farmer-Paellmann argues in her petition, “most dastardly were the public false statements made by representatives of the JP Morgan Chase Bank denying, as late as March 5, 2004, that they were at all involved in slavery.” Months later, after threat of loosing lucrative vending contracts with the City of Chicago, the bank filed a report admitting to their role in slavery.
“That we had a victory in the Appeals Court renewed my faith in the justice system. I am optimistic that the Supreme Court will hear our case and give us a chance to secure justice,” said Farmer-Paellmann.
The court petition has been published to support the litigation by the non-profit Restitution Study Group with additional writings and can be purchased at: www.cafepress.com/rsgincorp.”
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The following is a video of a ruling that occurred on December 30, 2006
http://video.google.com/videoplay?docid=5690334093617425182&q=reparations+victory&hl=en
But, this was a victory obtained in 2006.
The last I kept up on this case was around May, 2007.
This case gave a human face to slavery: girls, boys, men and women.
I have e-mailed Ms. Farnham-Paellmann to give me the latest on this case. As I find more information available, I will post updates here.
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RESTITUTION STUDY GROUP NAMES TRIBUNE MUSEUM:
http://www.rsgincorp.com/freedommuseum.html
STATES WHICH HAVE PASSED ‘SLAVERY-ERA DISCLOSURE LAWS’:
http://www.rsgincorp.com/slaverydisclosurelaws.html?1132670530710
REPARATIONS NOW! PETITION:
http://www.ipetitions.com/petition/ReparationsNow/
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UPDATES:
As I stated i e-mailed Ms. Farmer-Paellmann, and I recieved a response from her. here is my correspondence to Ms. Farnham-Paellmann, and her prompt response:
