Personal Injury › Civil Procedure › Civil Rights

The U.S. Supreme Court Rejects Extraterritorial Lawsuit Against Shell Oil

The United States Supreme Court, in Kiobel v. Royal Dutch Petroleum, recently restricted the scope of the Alien Tort Statute, 28 U.S.C. § 1350 (“ATS”), a 224-year-old law often used to invoke jurisdiction in suing...more

Kiobel: Major U.S. Jurisdictional Limitation For Overseas Actions

Much of the public has never heard of the Alien Tort Statute (“ATS,” 28 U.S.C. § 1350), but this law, dating back to the founding of the country, recently has had enormous implications for multinational corporations and...more

HIV-Positive Patient Wins Suit Over Doc’s “Unreasonable Fear”

A California appeals panel has reversed a lower court verdict denying the claims of an HIV-positive woman whose surgery was canceled at the last minute by an anesthesiologist who was worried he might contract the disease....more

Supreme Court Narrows Application Of Alien Tort Statute

The Supreme Court recently sharply narrowed the potential application of the Alien Tort Statute (ATS), which allows foreign plaintiffs to bring civil actions in U.S. district courts for torts committed in violation of the law...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

Kiobel v. Royal Dutch Petroleum: Beyond the Alien Tort Statute—Broadly Extending the Presumption Against the Extraterritorial...

Since the Second Circuit decided Filártiga v. Pena-Irala in 1980, plaintiffs have deployed the Alien Tort Statute (“ATS”) to great effect against multinational corporations. The statute — which had lain dormant since 1789 —...more

U.S. Supreme Court Curbs Extraterritorial Reach of the Alien Tort Statute

Last week, the U.S. Supreme Court issued its decision in Kiobel v. Royal Dutch Petroleum Co., No. 10-1491 pertaining to the reach of the Alien Tort Statute (“ATS”). This decision states that the ATS does not apply to conduct...more

"US Supreme Court Greatly Restricts Scope of Alien Tort Claims; Holds Statute Does Not Apply Extraterritorially"

Last week, the U.S. Supreme Court issued its long-awaited opinion in Kiobel v. Royal Dutch Petroleum, No. 10–1491 (U.S. Apr. 17, 2013), a significant decision holding that the so-called “Alien Tort Claims Act” or “Alien Tort...more

Recent Development on Corporate Liability in U.S. Courts for Conduct Outside the United States

This week the U.S. Supreme Court issued its much-awaited decision in Kiobel v. Royal Dutch Petroleum Co., which addressed the question of whether a federal court may recognize a cause of action under the Alien Tort Statute...more

The Final Breaths of the Alien Tort Statute

On April 17, 2013, the Supreme Court decided Kiobel v. Royal Dutch Petroleum. For all intents and purposes, the decision eliminates use of the federal Alien Tort Statute ("ATS") as an employment law weapon to be used against...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

Milwaukee County Mental Health Complex Staff Provide Inconsistent Testimony Regarding Death Of Brandon Johnson

On October 6, 2012, Brandon Johnson died at the Milwaukee County Mental Health Complex. The Milwaukee County District Attorney’s Office is currently conducting an open-court John Doe investigation into Mr. Johnson’s death. On...more

Employee’s Wrongful Termination And Defamation Claims Were Properly Dismissed

John McGrory alleged his employment was terminated because he is male and because he participated in his employer’s internal investigation. He also alleged defamation associated with a statement the vice president of human...more

Sexual Assault Victim’s Motion To Strike Supervisor’s Defamation Claim Was Properly Granted

Lisa Aber sued her employer and two co-employees (Michael Comstock, Aber’s supervisor, and James Cioppa) for sexual harassment and sexual battery, among other things. Comstock filed a cross-complaint against Aber in which he...more

7th Circuit Extends Bivens Civil Rights Actions to Brady Violations

This week we examine the hugely important 7th Circuit case Engel v. Buchan that found that the violations of the Brady v. Maryland right requiring a prosecutor to disclose potentially exculpatory evidence to a criminal...more

Langarica v. County of Los Angeles

Appellate Opinion

After hospital staff got into a dispute with Appellant, Antonio Langarica, the hospital defendants convinced the social worker defendants that Antonio had a bad attitude and needed to be brought into line. They then worked...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

California Workers' Compensation Statute Held Not to Support a Common Law Tort Claim

California Labor Code section 132a, the anti-retaliation provision of the state workers' compensation statute, has commonly been used to support a tort claim for wrongful termination in violation of public policy. Plaintiffs...more

Labor Letter - September 2012

In This Issue: - When “Let’s Keep It Quiet” Is An Unfair Labor Practice By Ray Haley (Louisville): On July 30, 2012, the National Labor Relations Board (NLRB) issued a bad decision for any employer that expects...more

Failure to Issue Litigation Hold Is Not Necessarily Gross Negligence, Second Circuit Holds

In a decision that will surprise some, the U. S. Court of Appeals for the Second Circuit recently held in Chin v. Port Authority that the failure to issue a litigation hold is not gross negligence per se. This decision runs...more

Georgia School District Not Held Liable for Student's Suicide

This week the US District Court for the Northern District of Georgia ruled in favor of the Murray County School District on their motion for summary judgment in the case of Long v. Murray County School District. The case has...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

Frederick Place Chambers Employment Law Newsletter

Stay up to date with current case law, opinion and Chambers news, all in a handy newsletter!...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

Shareholder Dale Allen Obtains Defense Verdict for Johannes Mehserle and Four Other BART Police Officers

On December 1, 2011, Low, Ball & Lynch shareholder DALE L. ALLEN, JR., and associate DIRK LARSEN obtained a defense verdict for five Bay Area Rapid Transit (BART) police officers, including Johannes Mehserle, who is widely...more