News & Analysis as of

Human Rights Alien Tort Statute Supreme Court of the United States

A&O Shearman

Nestle v Doe: U.S. Supreme Court further defines scope of Alien Tort Statute (ATS)

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The U.S. Supreme Court recently handed down its decision on the scope of the Alien Tort Statute (ATS), following an appeal by Nestle USA, Inc., the U.S. affiliate of Swiss-based Nestle (Nestle USA), and Cargill, Inc....more

Beveridge & Diamond PC

Supreme Court Rejects Human Rights Lawsuit Against U.S. Corporations, But Leaves Door Open For Future Claims

On June 17, the U.S. Supreme Court held that U.S. corporations are not liable for alleged abuses against non-U.S. citizens in foreign countries merely because general operational decisions made in the United States...more

WilmerHale

Nestle USA, Inc. v. Doe: Supreme Court Clarifies US Corporate Liability for Human Rights Violations Overseas

WilmerHale on

In a decision issued June 17, the US Supreme Court further limited the ability of plaintiffs to seek redress in US courts for human rights abuses that occur overseas, but did not go as far in restricting those suits as some...more

Jones Day

Supreme Court Again Reins in Scope of Claims Under the Alien Tort Statute

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In Nestle, six citizens of Mali claimed they were trafficked into and enslaved on cocoa farms in the Ivory Coast. Pursuant to the ATS, these former child slaves sought to impose liability upon Nestle, Cargill, and other U.S....more

Pillsbury Winthrop Shaw Pittman LLP

Supreme Court Restricts Broad Application of Alien Tort Statute for Domestic Corporations

A recent Supreme Court decision declines to apply the ATS to general corporate activity in the United States to reach violations of international law alleged to occur in other countries. The Alien Tort Statute (ATS) requires...more

Dechert LLP

Supreme Court Holds Alien Tort Statute Inapplicable to Extraterritorial Acts Alleged to Aid & Abet Child Slavery

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Key Takeaways - In its just-issued opinion in Nestle USA, Inc. v. Doe, No. 19-416, slip op. (2021), the Supreme Court reaffirmed its holding from Kiobel v. Royal Dutch Petroleum Co., 569 U. S. 108 (2013), that the Alien Tort...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Nestle USA, Inc. v. Doe

On June 17, 2021, the Supreme Court held in Nestle USA, Inc. v. Doe I, that a plaintiff seeking domestic application of the Alien Tort Statute, 28 U.S.C. § 1350 (“ATS”), must demonstrate that the facts giving rise to the...more

Akin Gump Strauss Hauer & Feld LLP

SCOTUS Wrapup and Preview 2020

In this episode, recorded on Sept. 14, Akin Gump Supreme Court and appellate practice co-head Pratik Shah returns to review the 2019 Supreme Court Term and preview the big cases and topics in the October 2020 Term. Among...more

Hogan Lovells

BHR 360: Business and Human Rights Newsletter

Hogan Lovells on

Welcome to the second edition of BHR 360, our bi-annual Business and Human Rights newsletter. In the last edition, we looked at key BHR trends and what to watch out for in 2018. In this edition, we look back on a year full of...more

Littler

U.S. Supreme Court Forecloses the Liability of Foreign Corporations Under the Alien Tort Statute

Littler on

On April 24, 2018, in a 5-4 decision, the U.S. Supreme Court held that foreign corporations cannot be sued in the United States under the Alien Tort Statute, 28 U.S.C. § 1350 ("ATS"). ...more

K&L Gates LLP

U.S. Supreme Court Rejects Corporate Liability for International Human Rights Violations

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The U.S. Supreme Court recently held in Jesner v. Arab Bank, PLC that foreign corporations cannot be sued under the Alien Tort Statute (“ATS”). This statute, enacted by the first Congress in 1789, is a jurisdictional statute...more

Sheppard Mullin Richter & Hampton LLP

United States Supreme Court Holds that Foreign Corporations May Not Be Held Liable Under the Alien Tort Statute

In Jesner v. Arab Bank, PLC, 584 U.S. ___, 2018 WL 1914663 (U.S. Apr. 24, 2018) (Kennedy, J.), the Supreme Court of the United States held that foreign corporations may not be sued under the Alien Tort Statute (“ATS”), 28...more

Akin Gump Strauss Hauer & Feld LLP

Supreme Court Forecloses Foreign Corporate Liability Under the Alien Tort Statute

• The Supreme Court in Jesner v. Arab Bank ruled 5-4 that suits against foreign corporations under the ATS are barred, answering a question left unresolved in Kiobel v. Royal Dutch Petroleum Co. • Although the decision...more

Dechert LLP

SCOTUS Holds Alien Tort Statute Cannot Be Used to Sue Foreign Corporations

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Resolving a circuit split, the U.S. Supreme Court held Tuesday that common law liability under the Alien Tort Statute (ATS) does not extend to foreign corporations. Jesner v. Arab Bank, PLC, No. 16-499, 2018 WL 1914663...more

Hogan Lovells

Foreign corporations cannot be sued under the Alien Tort Statute – Jesner v Arab Bank: the verdict

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The Supreme Court of the United States (SCOTUS) has ruled in the case of Jesner v Arab Bank. On a 5:4 majority, the court ruled that foreign corporations are excluded from the scope of the Alien Tort Statute (ATS). ...more

Foley Hoag LLP - Global Business and Human...

Alien Tort Case Development: Foreign Corporations Are Not Appropriate Defendants in ATS Cases

On April 24, the U.S. Supreme Court held that plaintiffs may not bring claims against corporations domiciled outside the United States in Alien Tort Statute (“ATS”) cases....more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Jesner v. Arab Bank, PLC

On April 24, 2018, the Supreme Court decided Jesner v. Arab Bank, PLC, No. 16-499, holding that foreign corporations may not be defendants in suits brought under the Alien Tort Statute (ATS), 28 U.S.C. § 1350....more

Foley Hoag LLP - Global Business and Human...

Alien Tort Case Development: District Court Allows Plaintiffs to Proceed in Al Shimari v. CACI

For Alien Tort-watchers, all eyes are focused on the Supreme Court and the pending decision in Jesner v. Arab Bank, which may determine that corporations are not appropriate defendants in cases brought pursuant to the Alien...more

Hogan Lovells

Jesner v Arab Bank: corporate liability under the Alien Tort Statute?

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All eyes are once again on the Supreme Court of the United States (SCOTUS) as it turns its attention to the application of the Alien Tort Statute (ATS) to companies accused of complicity in human rights violations committed...more

Foley Hoag LLP - Global Business and Human...

Five on Friday – Five Recent Developments that We’ve Been Watching Closely - July 2017

It’s Friday and time for another overview of developments in the field of business and human rights that we’ve been monitoring. This week’s post includes: the U.S. Government’s amicus brief in Jesner v. Arab Bank; a...more

Littler

California Laws Are Being Used to Advance Human Rights Claims Based on Global Supply Chain Activities

Littler on

Recent class actions have claimed that companies have violated California consumer fraud and unfair competition laws resulting from alleged forced labor in their global supply chains.  These state law claims argue that...more

Orrick, Herrington & Sutcliffe LLP

“Supreme Court Limits ATS Litigation—But Door Remains Slightly Ajar”

In Kiobel v. Royal Dutch Petroleum Co., 133 S.Ct. 1659 (2013), the United States Supreme Court addressed the applicability of the Alien Tort Statute (“ATS”) to alleged violations of international law committed by...more

Foley Hoag LLP - Global Business and Human...

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

Baker Donelson

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

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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

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