Braceros Litigation
Cruz v. U.S., Estados Unidos Mexicanos, Wells Fargo Bank, et al., No. 01-0892-CRB (N.D. Cal.). Working with co-counsel, Lieff Cabraser succeeded in correcting an injustice that dated back 60 years. The case was brought on behalf of Mexican workers and laborers, known as Braceros (“strong arms”), who came from Mexico to the United States pursuant to bilateral agreements from 1942 through 1946 to aid American farms and industries hurt by employee shortages during World War II in the agricultural, railroad, and other industries. As part of the Braceros program, employers held back 10% of the workers’ wages, which were to be transferred via United States and Mexican banks to savings accounts for each Bracero. The Braceros were never reimbursed for the portion of their wages placed in the forced savings accounts.
Despite significant obstacles including the aging and passing away of many Braceros, statutes of limitation hurdles, and strong defenses to claims under contract and international law, plaintiffs prevailed in a settlement in February 2009. Under the settlement, the Mexican government provided a payment to Braceros, or their surviving spouses or children, in the amount of approximately $3,500 (USD). In approving the settlement on February 23, 2009, U.S. District Court Judge Charles Breyer stated:
I’ve never seen such litigation in eleven years on the bench that was more difficult than this one. It was enormously challenging. . . . It had all sorts of issues . . . that complicated it: foreign law, constitutional law, contract law, [and] statute of limitations. . . . Notwithstanding all of these issues that kept surfacing . . . over the years, the plaintiffs persisted. I actually expected, to tell you the truth, at some point that the plaintiffs would just give up because it was so hard, but they never did. They never did. And, in fact, they achieved a settlement of the case, which I find remarkable under all of these circumstances.
Civil Litigation News
Jessica Moldovan to Lead CLE Program on “The Erosion of Fundamental Rights in light of Dobbs” at Upcoming AAML NY Chapter Annual March Meeting
Tomorrow, March 8th, 2023, Lieff Cabraser attorney Jessica Moldovan will speak at the American Academy of Matrimonial Lawyers NY Chapter Annual March
Lin Chan to be Featured Panelist at Upcoming Sixth Annual CLA “Celebrating Women In Competition Law in California” Panel Event
Lieff Cabraser partner Lin Y. Chan will be featured as a distinguished speaker at the California Lawyers Association Sixth Annual “Celebrating Women
Rachel Geman and Jallé Dafa to Speak at ABA 2023 Workplace & Occupational Safety & Health Law Committee Midwinter Meeting
Lieff Cabraser attorneys Rachel Geman and Jallé Dafa will speak at the American Bar Association Section