Title: Appellate Court Dismisses Lawsuit Against Tech Giants Alleging Use of Child Labor for Cobalt Mining
The DC Circuit Court of Appeals rendered a unanimous decision on Tuesday, dismissing a lawsuit filed in 2019 that aimed to hold major tech companies, including Apple, Google, Tesla, and others, accountable for their involvement in the use of child labor during the mining of cobalt in the Democratic Republic of Congo.
Background: The Plaintiffs’ Standing and Legal Elements
The plaintiffs, comprised of former underage miners who suffered injuries during cobalt mining accidents, their guardians, and the estates of children killed while working in these mines, had the legal right to bring this case based on standing. However, they fell short in establishing the necessary legal elements for pursuing their claims against the tech giants.
The Legal Definition of Participation in a Venture
Judge Neomi Rao, writing for the court, stated that purchasing an unspecified amount of cobalt from the global supply chain does not equate to ‘participation in a venture’ as defined under federal anti-trafficking law. The plaintiffs had failed to demonstrate that the Tech Companies and their cobalt suppliers shared an enterprise or interest, as no ownership of interests or sharing in profits or risks were evident.
However, Judge Rao acknowledged that the cobalt suppliers and their subsidiaries actively solicited and forced children to work in order to meet the growing demand for cobalt from these tech companies.
The Significance of Cobalt and Its Role in Tech Industry
Cobalt is a crucial element in lithium-ion batteries, which are found in almost every rechargeable electronic gadget. Approximately two-thirds of the world’s cobalt reserves are located in Congo.
Previously Dismissed: The Lower Court Ruling and the Appeal
The initial ruling on this case was delivered by a federal judge in DC, who dismissed it. In 2021, the plaintiffs filed an appeal with the appeals court to revive their suit.
Defendants and Claims Against Them
The defendants in the case were Apple, Alphabet (Google’s parent company), Dell Technologies, Microsoft, and Tesla. The class-action lawsuit was filed on behalf of the plaintiffs by International Rights Advocates, which accused mining companies Glencore, Umicore, and Huayou Cobalt (none of which were listed as defendants) of supplying cobalt to the named defendants’ supply chains and enabling child labor exploitation.
In conclusion, despite the plaintiffs’ legal right to bring this case due to standing, they could not provide sufficient evidence to meet the necessary legal requirements for holding the tech giants responsible for their involvement in the use of child labor during cobalt mining.
