FOLLOW US

America November 18, 2025 4 mins read

BNP Paribas Fights $21M Sudan Refugee Verdict, Citing Swiss Law and Liability Limits

America ı By Rihem Akkouche

0 Comments

$21M Sudan Refugee Verdict

BNP Paribas is urging a New York federal judge to dismantle a $21 million bellwether verdict awarded to three Sudanese refugees, arguing the jury’s findings clash with Swiss law — the legal framework governing the case — and cannot hold the French bank responsible for the atrocities of Omar al-Bashir’s regime.

Bank Seeks Judgment as a Matter of Law

In a motion filed Friday in the Southern District of New York, BNP demanded judgment in its favor or, alternatively, a new trial or amended judgment. The bank insists that under Swiss Code of Obligations, it cannot be deemed an accomplice to the Sudanese government’s crimes, which include torture, rape, murder and large-scale persecution under the longtime dictator.

The three plaintiffs — part of a class that could reach 23,000 members — secured the nearly $21 million jury award in October. Their lawsuit alleges that beginning in 1997, BNP funneled $20 billion into Sudan over a decade, constructing a clandestine “shadow banking system” that empowered al-Bashir’s brutal rule.

BNP maintains it believed those transactions supported legitimate commerce benefiting Sudanese citizens and denies knowing participation in any abuses.

Why Swiss Law Is Central

BNP’s motion hinges on Article 50 of the Swiss Code of Obligations, a provision enabling full compensation from one wrongdoer when multiple tortfeasors are liable. But the bank argues that accomplice liability is impossible without a “main perpetrator,” and under Swiss law a foreign sovereign cannot be held liable for torts committed abroad.

Since Sudan’s government cannot be treated as a tortfeasor under Swiss law, BNP says the plaintiffs' theory collapses.

Bank Argues All Three Elements of Article 50 Fail

Even if Article 50 could stand independently, BNP contends the plaintiffs failed to meet its three required elements:

1. Illicit Act by a Main Perpetrator

Swiss law does not apply extraterritorially. Acts committed by a foreign government in its sovereign capacity — “even alleged murder, rape or torture,” the motion states — cannot constitute illicit acts under Swiss tort principles. Without a culpable main perpetrator, BNP argues, accomplice liability is legally impossible.

2. BNP’s “Conscious Assistance”

BNP claims it complied with Switzerland’s embargo prohibiting financing for arms purchases. The bank says it had no relationship with the plaintiffs, no role in Sudan’s violent actions, and no responsibility for the conduct of a foreign government. Thus, it argues, it neither knowingly contributed to nor should have foreseen participation in any illicit acts.

3. Causation — Natural and Adequate Cause

BNP asserts the record shows it neither facilitated weapons transactions nor caused the plaintiffs’ injuries. Plaintiffs’ own experts acknowledged that many alleged harms occurred before BNP’s Sudan-related financial services began in 1999. Violence, they conceded, continued unabated even after BNP ceased all Sudan business. At the macroeconomic level, the bank argues, there is no evidence its financial services triggered the injuries.

BNP Pushes to Slash Damages or Restart the Trial

The bank also argues that the damages award “far exceeds” what plaintiffs could recover in a Swiss court. Moreover, BNP says it deserves a new trial on all claims tied to injuries predating April 29, 2001, the cutoff under Sudan’s 15-year statute of limitations.

Because the jury issued a general verdict, BNP contends it is impossible to determine whether time-barred claims improperly influenced liability or damages — a taint the bank argues can only be cured through a complete retrial.

Bank Seeks Immediate Appeal to the Second Circuit

In a separate Friday motion, BNP asked the court to certify the verdict for immediate appeal, arguing that the Second Circuit’s review would bring “vital guidance” on contested Swiss-law issues.

If the appellate court sides with BNP, it could end the litigation outright or streamline future cases; if it sides with the refugees, BNP says the appeal would expedite payment rather than delay it through years of additional proceedings.

Legal Teams

BNP Paribas is represented by:

  • Barry H. Berke, Dani R. James, Michael Martinez, Matt Benjamin, David P. Salant of Gibson Dunn & Crutcher LLP

  • Carmine D. Boccuzzi Jr., Abena Mainoo of Cleary Gottlieb Steen & Hamilton LLP

The plaintiffs are represented by:

  • Kathryn Lee Boyd, David L. Hecht, Maxim Price, Michael Eggenberger, Kristen Nelson of Hecht Partners LLP

Counsel for BNP declined comment Monday; plaintiffs' counsel did not respond.

Previous Article

AkzoNobel and Axalta Merger Sets Stage for $25B Coatings Powerhouse

Read More
4594 Posts

Rihem Akkouche

Rihem Akkouche is a passionate journalist dedicated to shedding light on compelling stories, sparking conversations, and fostering a more informed world.

Discussion

No comments yet. Be the first to join the discussion!

Don’t Miss It
America October 23, 2026 Lawyers Could Collect $1.27 Billion in Meta Privacy Case By – Michallie K Harrison
America October 23, 2026 Plutonium Pit Production Faces Safety and Cost Questions By – Michallie K Harrison
America October 22, 2026 Pope Leo XIV Needs No Further Lung Cancer Treatment, Vatican Says By – Jackie Allen
America October 22, 2026
Six Women Testify in Russell Brand…

LONDON — Six women have testified in the Russell Brand…

By – Michallie K Harrison
America October 22, 2026
Websites Go Dark as AI Uncovers…

The PHP security crisis has pushed government websites offline and…

By – Michallie K Harrison
America October 21, 2026
El Nino Could Reach Historic Strength,…

GENEVA — El Nino, a powerful climate pattern that warms…

By – Jackie Allen
America October 21, 2026
News Overload Can Fuel Anxiety and…

News keeps people informed about wars, political conflict, public safety…

By – Jackie Allen
America October 21, 2026
Atlanta Rapper Indicted in Alleged $4.6…

ATLANTA — Shawtey Dred, the social media persona of Atlanta…

By – Jackie Allen
America October 21, 2026
Intuitive Surgical $450M Settlement Targets Da…

Intuitive Surgical has agreed to pay $450 million to resolve…

By – Tyler Brooks
America October 21, 2026
Getty Images Files Chapter 11 With…

Getty Images Holdings Inc., the visual content giant behind millions…

By – Tyler Brooks
America October 21, 2026
Meta Stock in Focus as Earnings,…

Meta delivered a powerful revenue performance in its third-quarter earnings…

By – Tyler Brooks
America October 21, 2026
Pantheon $6B Secondaries Fund Marks Firm’s…

Private markets investor Pantheon has secured $6 billion in capital…

By – Rachel Moore
America October 21, 2026
Spartanburg Woman $8K Insurance Fraud Case…

A South Carolina woman is behind bars after investigators accused…

By – Rachel Moore
America October 21, 2026
TDI Launches Insurance Fraud Task Force…

The Texas Department of Insurance has launched a coordinated push…

By – Rachel Moore
America October 21, 2026
Children’s Mercy Insurance Coverage Changes: Kansas…

Children’s Mercy Hospital in Kansas City will no longer participate…

By – Rachel Moore
America October 21, 2026
Musk and Trump Have a Starlink…

Opinion | Starlink restrictions in Ukraine have exposed a problem Elon Musk…

By – Michallie K Harrison
America October 21, 2026
Texas Trans Texts Spark Election Propaganda…

News Analysis | Texas voters began casting early ballots Monday,…

By – Michallie K Harrison
America October 20, 2026
California Ballots: DOJ Cites Charges Against…

WASHINGTON — The Justice Department is citing charges against 28…

By – Michallie K Harrison
America October 20, 2026
Richard Riehle Dies at 78, Leaving…

Richard Riehle, the character actor whose memorable roles included “Office…

By – Michallie K Harrison
America October 20, 2026
Extreme Heat Is Spreading and Lasting…

An extreme heat event lasting 367 days touched nearly 85%…

By – Michallie K Harrison
America October 19, 2026
Information Ecosystem: Five Tools to Detect…

The information ecosystem is increasingly vulnerable to misinformation. There are…

By – Jackie Allen
America October 21, 2026
BioWare Closing: EA Shuts Down Legendary…

Electronic Arts is reshaping its videogame empire in a sweeping…

By – Rachel Moore
America October 20, 2026
Auto-Owners Insurers Verdict: Jury Awards Warehouse…

A North Carolina federal jury has awarded nearly $2 million…

By – Tyler Brooks
America October 20, 2026
NJ $10M Car Insurance Fine: Geico…

New Jersey insurance regulators have accused Geico of overcharging motorists…

By – Tyler Brooks
America October 20, 2026
Ara Partners $2.5B Energy Fund Reaches…

Ara Partners has secured $2.5 billion in capital commitments for…

By – Tyler Brooks
America October 20, 2026
Burger King Hello Kitty Meal Arrives…

Few pairings feel as inevitable as a kids’ meal and…

By – Rachel Moore
America October 20, 2026
Kyle Kennedy Death at 42 Mourned…

Some people inherit a famous name. Fewer spend it on…

By – Rachel Moore
America October 16, 2026
HealthSplash VP 18 Months Sentencing Rewards…

Cooperation can shave years off a prison term, but it…

By – Tyler Brooks
America October 16, 2026
Daylight Saving Time Returns Nov. 1…

Americans will turn their clocks back one hour on Nov.…

By – Jackie Allen
America October 16, 2026
California Identifies New York Life, Aetna,…

Key Takeaways   California’s Department of Insurance maintains an official…

By – Samuel Lopez
America October 16, 2026
Three Children, Teacher Killed in Oregon…

BEND, Ore. — An Oregon school shooting killed three children…

By – Michallie K Harrison
America October 15, 2026
Trump Scraps Hegseth’s Execution Livestream After…

WASHINGTON — President Donald Trump canceled the planned execution livestream…

By – Michallie K Harrison
America October 13, 2026
Pope Leo XIV’s Surgery Exposes Gap…

By Samuel López | USA Herald VATICAN CITY — As…

By – Samuel Lopez
America October 19, 2026
An Airman Died After a Pregame…

By Michallie K. Harrison | Opinion Tech. Sgt. Ian Patterson’s…

By – Michallie K Harrison
America October 16, 2026
NFL Player $300M Hip Surgery Lawsuit…

Athletes bet their bodies on surgeons the way pilots bet…

By – Tyler Brooks
America October 16, 2026
Russian Drone Strikes Hit American Businesses…

Russian drone strikes against American-linked businesses in Ukraine are raising…

By – Jackie Allen
America October 11, 2026
AP Poll Top 25: Georgia Claims…

Georgia has reclaimed the top spot in the AP Poll…

By – Rachel Moore
America October 10, 2026
A.J. Armstrong: Former NFL Player’s Son…

 HOUSTON — Antonio “A.J.” Armstrong Jr., the son of former…

By – Jackie Allen
America October 9, 2026
NFL Pro Tyreek Hill Takes the…

What the Jury Is Hearing Lakeeta “Keeta” Vaccaro Hill testified…

By – Samuel Lopez

No posts found.

No posts found.

Signup for the USA Herald
exclusive Newsletter