RJR Nabisco

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Alien Tort Statute

The Alien Tort Statute and the Morrison “Focus” Test: Still Disagreement After RJR Nabisco

Last month, the Fifth Circuit issued a split opinion in Adhikari v. Kellogg Brown & Root, Inc., representing the first ATS case to be decided post-RJR Nabisco.  The opinion, issued over a vigorous dissent, suggests that it may be premature to say that RJR Nabisco resolves the circuit split over the interpretation of “touch and concern.”

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