by Nisa Islam Muhammad
Staff Writer

(FinalCall.com)�A $1.4 trillion reparations lawsuit, the largest ever, was filed Sept. 10 by Timothy Hurdle and Chester A. Hurdle in San Francisco Superior Court, seeking restitution from corporations that helped to finance the domestic and transatlantic slave trade or used labor of enslaved Africans.

The plaintiffs are biological sons of Andrew Jackson Hurdle, who lived as a slave. The lawsuit defendants are from the insurance, finance, textile, tobacco, and transportation industries. They include FleetBoston Financial Corporation, Aetna Inc., Lloyd�s of London, New York Life Insurance Company, Westpoint Stevens, R. J. Reynolds Tobacco Company, Brown and Williamson Tobacco Corporation, Loews Corporation, and Canadian National Railway Company.

This latest legal action followed a federal lawsuit filed on behalf of the brothers Sept. 3, which seeks reparations from a different set of companies.

"The $1.4 trillion is for compensation at the present value for labor. Wages can be considered restitution as well," explained Attorney Deadria Farmer-Paellmann to The Final Call. "That figure can rise with additional restitution from profits earned on investment of those wages in other areas of business. It�s called unjust enrichment. We want to see the records so we can be clear," the attorney said.

The complaint allows for adding up to 100 additional defendants.

The Hurdles filed the action on behalf of their enslaved father, formerly enslaved Africans, descendants of enslaved Africans and the general public. They allege that the defendants engaged in unfair competition through the commission of unlawful, unfair, and fraudulent business acts by financing and exploiting the enslavement of Africans, and by deceiving the public about their slave related pasts.

The complaint alleges that the companies amassed substantial wealth as a result of this unfair competition and are unjustly enriched by the wealth. They want $1.4 trillion in restitution.

 The complaint notes that while the U.S. Constitution sanctioned slavery, the cruel and inhumane practices of slavery were set forth by state "Slave Codes." For example, Louisiana state Slave Codes are cited to show enslaved Africans were property under the complete control of their masters, who could: "sell him, dispose of his person, his industry, and his labor."

The complaint cites a runaway slave advertisement that gives an example of how Slave Codes fostered cruelties toward Africans: "A wealthy man here had a boy named Rueben, almost white, whom he caused to be branded in the face with the words: �A slave for life�."

The complaint argues the businesses knew, or should have known, of the existence of corporate records that indicate profits from slavery. A two-year effort to expose such records has been led by Atty. Farmer-Paellmann, an activist who confronted several companies, including Aetna and FleetBoston, on their business ties to slavery in January 2000.

Aetna apologized in response to Atty. Farmer-Paellmann�s inquiries but failed to pay restitution. FleetBoston publicly denied a connection to their predecessor bank, the Providence Bank of Rhode Island, which allegedly helped finance the enslavement of about 41,369 Africans between 1791 and 1808, in violation of Rhode Island and federal slave trade prohibitions.

"California�s Unfair Competition Act allows any citizen of this state to seek redress on behalf of the general public for unfair practices," said Barbara Ratliff, a California lawyer who also represents the Hurdles. "The statute provides equitable remedies such as disgorgement to address unfair or unlawful business practices. Companies that enslaved Africans, used slave labor and lie to the public about it should not be allowed to keep the profits from the horrors and deceit they committed in pursuit of business profits," she said.

California reparations activist Morris "Big Money" Griffin helped coordinate the filing. "I applaud the Hurdle brothers for taking this bold step toward seeing that justice is served on behalf of our ancestors and their progeny," said Mr. Griffin.

The law firm Thomas, Wareham, and Richards of Brooklyn, N.Y., also represents the plaintiffs in this litigation.