Ntsebeza v. Daimler AG
This Opinion & Order addresses the defendants' motion to certify for interlocutory appeal three key issues arising from a lawsuit filed by South Africans against multinational corporations for allegedly aiding and abetting torts during the apartheid era. The defendants sought certification on the application of case-specific deference, the mens rea standard for aiding and abetting under international law, and the vicarious liability standard for foreign subsidiaries. The court denied certification for case-specific deference, concluding it did not involve a controlling question of law, lacked substantial grounds for disagreement, and an appeal would not materially advance the litigation. While acknowledging substantial ground for disagreement on the mens rea issue, the court still denied certification, asserting an immediate appeal would not expedite the litigation's termination. Finally, certification for the vicarious liability standard was denied, as the court found no substantial ground for difference of opinion. Consequently, the defendants' motion for certification of an interlocutory appeal and a request for a stay of proceedings were entirely denied.