U.S. Supreme Court Orders Rehearing in Kiobel Case Regarding Extraterritorial Application of the Alien Tort Statute

As discussed in a prior post, on February 28th the U.S. Supreme Court heard oral arguments in Kiobel v. Royal Dutch Petroleum (Shell) (Sup. Ct. No. 10-1491) on the issue of whether or not corporations could be held liable under the U.S. Alien Tort Statute (ATS), and a decision in the case was expected by … Continue reading U.S. Supreme Court Orders Rehearing in Kiobel Case Regarding Extraterritorial Application of the Alien Tort Statute

Second Circuit’s Decision in Kiobel Rejecting Corporate Liability for Assisting Foreign Human Rights Violations

In September 2010 the U.S. Court of Appeals for the Second Circuit in Kiobel v. Royal Dutch Pet. Co., 621 F.3d 111 (2d Cir. 2010), rejected corporate liability in a civil case for money damages under the U.S. Alien Tort Statute (ATS), 28 U.S.C. § 1350. As mentioned in a prior post, this issue in … Continue reading Second Circuit’s Decision in Kiobel Rejecting Corporate Liability for Assisting Foreign Human Rights Violations

Procedural Background for U.S. Supreme Court Argument in Kiobel Case on Corporate Liability for Foreign Human Rights Violations

On February 28th, the U.S. Supreme Court will hear oral arguments on the following two issues in a case from the U.S. Court of Appeals for the Second Circuit, Kiobel v. Royal Dutch Petroleum (Sup. Ct. No. 10-1491): Whether the issue of corporate civil tort liability under the Alien Tort Statute (“ATS”), 28 U.S.C. § … Continue reading Procedural Background for U.S. Supreme Court Argument in Kiobel Case on Corporate Liability for Foreign Human Rights Violations

List of Posts to dwkcommentaries—Topical: LAW (U.S. ALIEN TORT STATUTE)

  # Date Title 153 10/21/11 The Alien Tort Statute, 1789-1979,   https://dwkcommentaries.com/2011/10/21/the-alien-tort-statute-1789-1979/ 154 10/23/11 U.S. Circuit Court’s 1980 Decision Validates Use of Alien Tort Statute To Hold Foreign Human Rights Violators Accountable,    https://dwkcommentaries.com/2011/10/23/u-s-circuit-courts-1980-decision-validates-use-of-alien-tort-statute-to-hold-foreign-human-rights-violators-accountable/ 155 10/25/11 The Alien Tort Statute, 1980-2004, https://dwkcommentaries.com/2011/10/25/the-alien-tort-statute-1980-2004/ 158 11/09/11 Alien Tort Statute Interpreted by U.S. Supreme Court in 2004,https://dwkcommentaries.com/2011/10/23/the-alien-tort-statute-interpreted-by-the-u-s-supreme-court-in-2004/  161 11/14/11 … Continue reading List of Posts to dwkcommentaries—Topical: LAW (U.S. ALIEN TORT STATUTE)

Amending Spain’s Universal Jurisdiction Statute

Spain currently is in the process of adopting an amendment to its statute regarding universal jurisdiction for one of its courts. This post will examine that forthcoming amendment after looking at the background of that amendment. Background Under customary international law and certain treaties, a nation state has universal jurisdiction over certain crimes of international concern regardless … Continue reading Amending Spain’s Universal Jurisdiction Statute

List of Posts to dwkcommentaries–Chronological (2013)

# Date Title 370 01/01/13 Report on dwkcommentaries–2012 371 01/04/13 U.S. Senate Postpones Filibuster Reform to January 22nd 372 01/09/13 Alien Tort Statute Case Against a Corporation Is Settled by Its Paying $5.28 Million 368A 01/10/13 Comment: Endorsement of Having a Bipartisan Speaker of the U.S. House of Representatives 373 01/12/13 Minneapolis and St. Paul … Continue reading List of Posts to dwkcommentaries–Chronological (2013)

U.S. Supreme Court Severely Limits Application of the Alien Tort Statute

On April 17, 2013, the U.S. Supreme Court issued a decision in Kiobel v. Royal Dutch Petroleum Co. that severely limited the application of the Alien Tort Statute (ATS),[1] which provides that the U.S. district courts “shall have original jurisdiction of any civil action by an alien for a tort only, committed in violation of … Continue reading U.S. Supreme Court Severely Limits Application of the Alien Tort Statute

Alien Tort Statute Case Against a Corporation Is Settled with Its Payment of $5.28 Million

On October 5, 2012, Engility Corporation (formerly known as L-3 Services, Inc. and as Titan Corporation and hereafter “Titan” or “Engility”) paid $5.28 million to settle claims brought by 71 Iraqi citizens for the corporation’s alleged participation in their torture and inhuman treatment at the now notorious Abu Ghraib and other prisons in that country.[1] … Continue reading Alien Tort Statute Case Against a Corporation Is Settled with Its Payment of $5.28 Million

Case Against Corporations Under the Alien Tort Statute Is Allowed To Proceed

On November 1, 2012, the U.S. District Court for the District of Eastern Virginia allowed a lawsuit by four Iraqis to proceed against two U.S. corporations for their alleged direct participation in torture and other illegal conduct at Iraq’s Abu Ghraib prison. The case, Al Shimari v. CACI, which was commenced in June 2008, has … Continue reading Case Against Corporations Under the Alien Tort Statute Is Allowed To Proceed