Summary of amici brief: Wang v. Imperial Pacific International & Red Flag Language Quotes

Here’s a crisp summary of the amici brief (HT Legal Center, Freedom Network USA, and GLJ-ILRF) in Wang v. Imperial Pacific International (CNMI), 9th Cir. (filed Mar. 21, 2022):

What the brief asks the 9th Circuit to do

  • Affirm the district court’s rulings, including terminating sanctions / default judgment against IPI, and reject IPI’s heightened pleading arguments under the TVPRA. Freedom Network USA

Core arguments

  • TVPRA access to justice: Trafficking/forced-labor victims need federal courts to remain accessible; IPI’s approach would improperly raise pleading hurdles beyond the statute’s text and purpose. Freedom Network USA+1
  • Pleading standard (“knew or should have known”): The TVPRA permits a negligence standard; victims may plead on information and belief when critical facts are controlled by exploiters, especially pre-discovery. Freedom Network USA
  • Discovery misconduct is common: Traffickers often obstruct, delay, and hide evidence; courts must have (and use) default judgments and strong sanctions to prevent prejudice and deter abuse. The brief catalogs multiple human-trafficking cases where default was proper. Freedom Network USA+1
  • This case fits the pattern: IPI repeatedly violated discovery orders over many months; the district court tried lesser sanctions before entering default—a textbook case for terminating sanctions. Freedom Network USA

Why it matters beyond this case

  • The brief frames a victim-protective doctrine for TVPRA suits: (1) sensible, negligence-level pleading, (2) allowance for information-and-belief allegations early on, and (3) robust discovery sanctions where defendants stonewall—principles that are directly usable in hotel-trafficking litigation built on “ignored red flags.” Freedom Network USA+1

Direct link to the PDF

  • Amicus brief (PDF): “Brief by the Human Trafficking Legal Center, Freedom Network USA, and GLJ-ILRF as Amici Curiae Supporting Appellees,” filed Mar. 21, 2022. Freedom Network USA

Here are three tight, citable pull-quotes (≤25 words each) from the amici brief you shared:

  • “Pleading facts ‘upon information and belief’ may be required where the facts are peculiarly within the possession and control of the defendant.” Freedom Network USA
  • “To state §1595, plaintiffs allege the defendant obtained a financial benefit from the venture and knew or should have known of coerced labor.” Freedom Network USA
  • “Discovery misconduct is a favorite gambit of perpetrators… courts need to have at the ready the full panoply of discovery sanctions.” Freedom Network USA
  • Direct PDF (for your filing record): Amicus brief by HT Legal Center, Freedom Network USA, and GLJ-ILRF (9th Cir., Mar. 21, 2022). Freedom Network USA