I’ve got to think that an appeals court would reverse this inclusion of foreigners beiung affected by foreign courts in a NY minute, as they say. To do otherwise opens the US court system to any number of abuses.
I doubt it for two reasons. Number one, there is a law that has been in force since 1798 called the Alien Tort Claims Act. It specifically allows foreigners to file lawsuits in the USA. Secondly, the Defendants in this case specifically demanded the inclusion of foreign plaintiffs. It would be hard for them to back-peddle on their own demands in an appeal.