Are the Slave Labor Cases Different from the Rail Disaster Case?
Based on this analysis, it is worth reflecting on why the slave labor suits were brought in the U.S. and not Germany. I can think of three reasons. First, the organizations interested in pursuing the suits were based in the U.S.. Second, the substantive U.S. law under which the suits were brought especially the federal Alien Torts Claims Act is highly advantageous to plaintiffs, especially when compared to the tort law of Germany, which is only moderately pro-plaintiff. Third, the damage rules that determine how much money a plaintiff receives if she wins her suit are much more generous in the U.S. than in Germany. In this regard, the most important difference between American and German damages is the availability in the U.S. of punitive damages, which made the payout from the slave labor cases potentially huge. Why the German Plaintiffs Care About Punitive Damages This last point, concerning punitive damages, cannot be overstated in relation to the Eschede rail disaster suit. However
