Civil Procedure › Personal Injury › Business Organization

What Might Liability under the ATS Look Like Post-Kiobel?: The Example of Private Contractors

Following the Supreme Court’s decision in Kiobel v. Royal Dutch Petroleum a number of questions remain as to whether corporations may be held liable under the Alien Tort Statute (“ATS”) for serious violations of human rights....more

The Supreme Court Again Revisits (And May Rein In) Personal Jurisdiction: Two Cases Now Up Next Term

On April 22, 2013, the Supreme Court granted review in another personal jurisdiction case: DaimlerChrysler AG v. Bauman, No. 11-965 (cert. granted Apr. 22, 2013). The question presented in DaimlerChrysler is “whether it...more

United States Supreme Court Decides Question of Corporate Liability Under Alien Tort Statute On Broader Grounds

In Kiobel v. Royal Dutch Petroleum Co., No. 10-1491, 2013 WL 1628935 (U.S. Apr. 17, 2013), the Supreme Court of the United States addressed the circuit split that arose following the 2010 decision of the United States Court...more

Supreme Court to Consider General Jurisdiction Over Foreign Parent Based on U.S. Subsidiary

On Monday, April 22, the United States Supreme Court agreed to hear DaimlerChrysler AG v. Bauman, which asks whether a foreign parent corporation can be subject to suit in the United States for wrongs allegedly committed by a...more

The Alien Tort Statute: Kiobel Dials It Back

In Kiobel v. Royal Dutch Petroleum Co., No. 10-1491 (U.S. Apr. 17, 2013), the U.S. Supreme Court held that the presumption against extraterritoriality applies to claims under the Alien Tort Statute (ATS). Consequently, there...more

Supreme Court Holds that Plaintiffs Must Overcome Presumption Against Extraterritoriality in Alien Tort Statute Cases

Earlier today the Supreme Court issued its long-awaited ruling in Kiobel v. Royal Dutch Petroleum, the case that was to decide whether the Alien Tort Statute (“ATS”) could be applied to corporations as legal persons and...more

Third Circuit Addresses Insured Status for Lessor of Commercial Auto

In its recent decision in Koons v. XL Insurance Company, 2013 U.S. App. LEXIS 5870 (3d. Cir. Mar. 25, 2013), the United States Court of Appeals for the Third Circuit, applying Pennsylvania law, had occasion to consider...more

California Supreme Court Holds Survival Statute Does Not Apply to Out-Of-State Corporations

The California Supreme Court recently held that the state’s statute governing wind-up and survival of dissolved corporations does not apply to out-of-state corporations. (Greb v. Diamond Int’l Corp., S183365, 2013 WL 628328...more

California Supreme Court Resolves Court of Appeal Split, Holding that Section 2010 of the California Corporations Code --...

In Greb v. Diamond Int’l Corp., 2013 WL 628328 (Cal. Feb. 21, 2013), the California Supreme Court unequivocally and unanimously laid to rest the assertion that dissolved foreign corporations may be sued in California after...more

Asbestos Alert: Supreme Court Clarifies When Dissolved Corporations May Be Sued Greb v Diamond International Corp...

Dissolved corporations are frequently sued after their dissolution has taken place in an effort to reach insurance policy coverage for the claim being made. California has a statute, Corporation Code §2010, which does not...more

Does The Tarion Appeal Process Prevent A Condominium From Commencing A Civil Action?

We are often asked by condominium corporations whether an appeal of Tarion’s final decision letter will prevent them from commencing a separate civil action with respect to the same deficiencies....more

November 2012: Appellate Litigation Update

Quinn Emanuel Opens Supreme Court’s October 2012 Term: On Monday, October 1, 2012, the Supreme Court reconvened for its first oral arguments after the summer recess. Quinn Emanuel’s Kathleen Sullivan argued in the very first...more

The Future of the Alien Tort Statute, Take II: The U.S. Supreme Court Hears New Arguments on Extraterritorial Liability

The U.S. Supreme Court started its new term on Monday with a holdover from the last term. The case of Kiobel v. Royal Dutch Petroleum was once again before the Court, this time with arguments focused on the question of...more

The Alien Tort Statute at a Crossroads: The High Court Revisits Extraterritorial Jurisdiction in Kiobel v. Royal Dutch Petroleum...

Kiobel v. Royal Dutch Petroleum, No. 10-1491, is among the most important business cases on the Supreme Court’s docket. At issue is whether a non-US company’s activities in Nigeria, which allegedly harmed Nigerians, may be...more

Kiobel v. Royal Dutch Petroleum

Supplemental Brief of Amicus Curiae The CATO Institute In Support of Respondents

Last term, the Supreme Court postponed its decision in Kiobel v. Royal Dutch Petroleum, a case that initially asked whether the Alien Tort Statute — one of our oldest laws (1789), giving federal courts jurisdiction over...more

Mongols Nation Finds No Xanadu In Lancaster

In July 2009, the Mongols Nation Motorcycle Club, Inc. planned to hold its annual convention in Lancaster, California. Allegedly, the mayor was not pleased with the prospect of hosting a social and fraternal organization...more

Equine Activity Limitation of Liability Act Given Broad Reading in Texas Product Liability Advisory

A recent opinion from an intermediate Texas appellate court gives a broad reading to the Texas Equine Activity Limitation of Liability Act. Like almost all other states, Texas has a statutory limitation of liability for horse...more

Director May Pursue Malicious Prosecution Claims Against Plaintiffs’ Attorneys

Lawsuits against directors can seem very one-sided with the plaintiffs starting at bat and never having to take to the field to play defense. This may be changing as a result of a very significant decision issued last Friday...more

"U.S. Supreme Court Holds That Only Natural Persons Can be Sued Under the Torture Victim Protection Act"

On April 18, 2012, the U.S. Supreme Court decided in Mohamad v. Palestinian Authority, No. 11-88, that parties may bring suit under the Torture Victim Protection Act of 1991 (TVPA) only against human beings — not...more

Would the End of the Alien Tort Statute Mean an End to Corporate Liability for Human Rights Abuses?

If the U.S. Supreme Court strikes down, or severely limits, the Alien Tort Statute (“ATS”), what are the implications for plaintiffs and defendants in cases involving violations of international human rights law? The crystal...more

Extraterritoriality Becomes Focus of Kiobel Supreme Court; Are We Headed for Morrison II?

We have posted on the fascinating development of the law concerning the Alien Tort Statute (“ATS”), 28 U.S.C. § 1350. The issues raised there are important in their own right and are at the center of many issues faced by the...more

"Supreme Court Broadens Its Review of Alien Tort Statute – May Limit Corporate Liability in Human Rights Lawsuits"

On March 5, 2012, only days after hearing oral argument in Kiobel v. Royal Dutch Petroleum Co., the U.S. Supreme Court ordered additional briefings to be filed and for the case to be reargued. This somewhat unusual move...more

Alien Tort Statute Development

Since we blogged about the Supreme Court’s certiorari grant in Kiobel v. Royal Dutch Petroleum, 10-1491, we figured we owe our readers an update about a significant status change. As we mentioned before, the Court...more

U.S. Supreme Court Review of Corporate Liability Under the Alien Tort Statute -- An Overview of the Oral Arguments in Kiobel v....

On February 28, in proceedings that were both closely watched and anxiously anticipated, the U.S. Supreme Court heard oral arguments in Kiobel v. Royal Dutch Petroleum. For the first time, the question of...more

Liability and Immunity for Human Rights Violations: The Impact of Current Legal Developments on Corporate Responsibility

It is likely that the coming year will see a number of legal developments relating to the immunity and liability of corporations, states, and individuals as recognized by U.S. courts.  With an increasing number of suits...more