News & Analysis as of September 20, 2024

Supreme Court of the United States › Kiobel v. Royal Dutch Petroleum Co.

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The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary with only a limited number of cases granted review each term. The Court is comprised of one chief justice and eight associate justices, who are nominated by the President and confirmed by the Senate to hold lifetime positions. less -

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

Foley Hoag LLP - Global Business and Human... on 4/25/2018

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

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

Foley Hoag LLP - Global Business and Human... on 3/26/2018

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

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

Foley Hoag LLP - Global Business and Human... on 4/4/2017

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

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

King & Spalding on 1/14/2016

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

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

Foley Hoag LLP - Global Business and Human... on 12/15/2015

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

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

Melito & Adolfsen on 12/11/2015

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

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

Littler on 10/15/2015

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

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

Littler on 9/23/2014

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

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

Foley Hoag LLP - Global Business and Human... on 9/16/2013

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

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

Orrick, Herrington & Sutcliffe LLP on 7/10/2013

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

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

Foley Hoag LLP - Global Business and Human... on 6/17/2013

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

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

Dechert LLP on 4/25/2013

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"

Skadden, Arps, Slate, Meagher & Flom LLP on 4/23/2013

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

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

Foley Hoag LLP - Global Business and Human... on 4/23/2013

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

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

Orrick, Herrington & Sutcliffe LLP on 4/22/2013

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 Alien Tort Statute: Kiobel Dials It Back

Troutman Pepper on 4/19/2013

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

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

Foley Hoag LLP - Global Business and Human... on 2/29/2012

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 whether...more

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Supreme Court of the United States › Kiobel v. Royal Dutch Petroleum Co.

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