News & Analysis as of

Kiobel v. Royal Dutch Petroleum Co.

Skadden, Arps, Slate, Meagher & Flom LLP

Supreme Court Mulls Scope of Alien Tort Statute in Nestle, Cargill

On December 1, 2020, the U.S. Supreme Court heard oral argument in a pair of related cases presenting questions about the scope of the Alien Tort Statute (ATS), a frequent topic of debate before the Court in recent years. In...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

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

Foley Hoag LLP - Global Business and Human...

Alien Tort Case Development: The U.S. Supreme Court Will Review the Question of Corporate Liability

On Monday, April 3, the U.S. Supreme Court granted a petition for a writ of certiorari filed by plaintiffs in Jesner v. Arab Bank, No. 16-499. The case may once and for all determine whether companies are appropriate...more

Skadden, Arps, Slate, Meagher & Flom LLP

"Business and Human Rights Movement Spurs Development of Remedial Options"

In the emerging area of business and human rights, the endorsement of the United Nations Guiding Principles on Business and Human Rights (UNGPs) by the U.N. Human Rights Council five years ago marked a watershed event. The...more

Foley Hoag LLP - Global Business and Human...

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

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: updates on litigation in the Doe v. Nestle case; a private...more

Foley Hoag LLP - Global Business and Human...

Alien Tort Case Development: Plaintiffs Overcome Presumption against Extraterritoriality, but Still No Corporate Liability in the...

On August 24, the Second Circuit Court of Appeals affirmed the dismissal of plaintiffs’ claims in a case filed against Lebanese Canadian Bank pursuant to the Alien Tort Statute (“ATS”). Plaintiffs in the case, Licci et al. v....more

Pillsbury - Gravel2Gavel Construction & Real...

2nd Circuit Again Declines to Apply Alien Tort Statute to Corporate Activities Abroad

A recent U.S. Court of Appeals for the Second Circuit ruling is an important decision for corporations with foreign operations. In 2011, the U.S. Court of Appeals for the Second Circuit, in Kiobel v. Royal Dutch Petroleum...more

King & Spalding

Second Circuit Panel Declines to Abandon Rule on Corporate Liability Under Alien Tort Statute

King & Spalding on

On December 8, 2015, the U.S. Court of Appeals for the Second Circuit (“Second Circuit”) issued its decision in In re Arab Bank, PLC Alien Tort Statute Litigation, which involved claims brought against Arab Bank, PLC (“Arab...more

Foley Hoag LLP - Global Business and Human...

Alien Tort Case Development: Still No Corporate Liability in the Second Circuit (At Least for Now)

On December 8, the Second Circuit Court of Appeals upheld the dismissal of plaintiffs’ claims in five consolidated cases against Arab Bank, PLC. Plaintiffs in each of the cases alleged that they, or their family members, had...more

Melito & Adolfsen

The Second Circuit Swims Alone Against the Tide in Tossing ATS Claims against the Arab Bank

Melito & Adolfsen on

On December 8, 2015, the United States Court of Appeals for the Second Circuit upheld the District Court’s dismissal of claims by plaintiffs against Arab Bank, a corporation, under the Alien Tort Statute (the “ATS”) 28.U.S.C...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

Littler

In Canada, Foreign Workers Seek to Use International Norms as the Standard of Care in Negligence Claims Against Multinationals...

Littler on

Non-Canadian workers are increasingly suing their employers in Canadian courts for human rights violations allegedly committed outside Canada by the companies themselves or by other entities in their supply chains. This...more

Littler

Ninth Circuit Case Portends Implications for Alien Tort Claims Act Liability Throughout Corporate Supply Chains

Littler on

The U.S. Supreme Court's recent decision in Kiobel v. Royal Dutch Petroleum upholding the dismissal of an Alien Tort Claims Act (ATCA) suit, left a great deal unanswered. The Kiobel decision did, however, limit the potential...more

Foley Hoag LLP - Global Business and Human...

Alien Tort Case Developments: Three Recent Decisions

Alien Tort GavelIn July, we posted about two recent decisions by federal appellate courts that sought to define the parameters of the “touch and concern” standard established by the Supreme Court in its 2012 decision in...more

Foley Hoag LLP - Global Business and Human...

SDNY Applies Kiobel II and Holds Corporations May Be Liable under the Alien Tort Statute

In a mid-April decision in the In re: South African Apartheid Litigation, the Southern District of New York (“SDNY”) has tackled one of the most pressing legal questions left unanswered by the Supreme Court last year in...more

Foley Hoag LLP - Global Business and Human...

ATS Case Developments Post-Kiobel: Interpreting the “Touch and Concern” Standard

The past few months have seen a few interesting developments in cases in which Alien Tort Statute (“ATS”) claims factor prominently. This judicial activity, much of which focuses on the significance of the presumption against...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

King & Spalding

International Litigation Update: Developments Concerning the Alien Tort Statute and Personal Jurisdiction

King & Spalding on

In the span of less than a week, the U.S. Supreme Court issued its decision in Kiobel v. Royal Dutch Petroleum Co., a decision concerning the reach of the Alien Tort Statute, and granted certiorari in Bauman v....more

Dechert LLP

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

Dechert LLP on

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

Skadden, Arps, Slate, Meagher & Flom LLP

"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

Foley Hoag LLP - Global Business and Human...

The ATS’s Second Act: The Supreme Court Looks to Address the Unanswered Questions of Kiobel

The U.S. Supreme Court granted cert on April 22 in two important cases for the future application of the Alien Tort Statute (“ATS”) following its decision last week in Kiobel v. Royal Dutch Petroleum. ...more

Orrick, Herrington & Sutcliffe LLP

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

Troutman Pepper

The Alien Tort Statute: Kiobel Dials It Back

Troutman Pepper on

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

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