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Article • April 29, 2013 • from P&J April, 2013
Kiobel v. Royal Dutch Petroleum Co., No. 10-1491 (U.S. Supreme Court) (569 U.S. 108; 133 S.Ct. 1659) (April 17, 2013) (Justice (John G.) Roberts) by uThe Alien Tort Statute (“ATS”) which was enacted by the First Congress in 1789 and which is currently codified at 28 U.S.C. § 1350, states …
Article • July 25, 2011 • from P&J July, 2011
Flomo v. Firestone Natural Rubber Co., No. 10-3675 (7th Cir.) (643 F.3d 1013) (July 11, 2011) (Judge Richard A. Posner) by Here the Court took sharp issue with the Second Circuit’s counter-intuitive decision in Kiobel v. Royal Dutch Petroleum to the effect that the Alien Tort statute does not give …
Article • July 25, 2011 • from P&J July, 2011
Doe v. Exxon Mobil Corporation, No. 09-7125 (D.C. Cir.) (654 F.3d 11) (July 8, 2011) (Judge Judith W. Rogers) by Here a divied panel took sharp issue with the Second Circuit’s counter-intuitive decision in Kiobel v. Royal Dutch Petroleum to the effect that the Alien Tort statute does not give …
Article • February 21, 2011 • from P&J February, 2011
Kiobel v. Royal Dutch Petroleum Co., No. 06-4800-cv (2nd Cir.) (642 F.3d 268) (February 4, 2011) (Per Curiam) by A 5-5 vote by the 2nd Circuit lets stand a precedent-setting decision rejecting corporate (as opposed to natural person's) liabiliity in U.S. courts under the Alien Tort Statute, 28 U.S.C. §1350, …
Article • December 1, 2010
Kiobel v. Royal Dutch Petroleum Co., No. 06-4800-cv (2nd Cir.) (621 F.3d 111) (September 17, 2010) (Judge Jose A. Cabranes) by [Editor's Note: For some commentaries on this decision, see: • "Kiobel v. Royal Dutch Petroleum: Another Round in the Fight Over Corporate Liability Under the Alien Tort Statute," by …
Article • September 20, 2010 • from P&J September, 2010
Mohamed v. Jeppesen Dataplan, Inc., No. 08-15693 (9th Cir.) (614 F.3d 1070) (September 8, 2010) (Judge Raymond C. Fisher) by Back in 2007, five individuals, all foreign nationals, sued Jeppesen Dataplan, a Boeing subsidiary, under the Alien Tort Statute, 28 U.S.C. § 1350, alleging various claims arising out of Jeppesen’s …
Article • April 1, 2009 • from P&J April, 2009
Mohamed v. Jeppesen Dataplan, Inc., No. 08-15693 (9th Cir.) (563 F.3d 992) (April 28, 2009) (Judge Michael Daly Hawkins) by In a forceful decision with potentially far reaching consequences, a panel from the Ninth Circuit dealt a huge blow to the claims of both the Bush Administration and the Obama …
Article • March 30, 2007 • from P&J June, 2004
Sosa v. Alvarez-Machain, No. 03-485 (U.S. Supreme Court) (542 U.S. 692; 124 S.Ct. 2739) (June 29, 2004) (Justice Souter) by This case is an outgrowth of the long battle by Dr. Humberto Alvarez-Machain (Alvarez) to achieve justice for his kidnapping from Mexico by the DEA in 1990. The details of …
Article • January 1, 1994
Filartiga v. Pena-Irala, No. 79-6090, No. 191 (2nd Cir.) (630 F.2d 876) (June 30, 1980) (Judge Irving R. Kaufman) by In this landmark case, the Second Circuit breathed new life into the Alien Tort statute, which is also sometimes referred to as the Alien Tort Claims Act, and is herein …