The long-running Alien Tort Statute suit against Nestle, Archer Daniels Midland, and Cargill for allegedly aiding and abetting child slave labor in the Cote d’Ivoire—Doe v Nestle—has once again been dismissed.
Latest in Alien Tort Statute: Litigation
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.”
An outline of the legal issues in the D.C. District Court's order in Jawad and Jawad's appellate brief.
At a time of heightened concern over a new wave of terrorism financing threats, the decade-long Arab Bank terrorism financing litigation took another turn this week when the Second Circuit denied several thousand terrorism victims the right to pursue claims against the Jordan-based Arab Bank PLC in U.S. federal court.
A new Alient Tort Statute lawsuit goes after CIA contractor psychologists for helping design and implement the CIA’s “enhanced interrogation techniques.”
Published by Oxford UP (Paperback 2015)
Reviewed by Kenneth Anderson
Judge Scheindlin Dismisses Remaining ATS Claims Against Ford and IBM in Long-running Apartheid Litigation
As Lawfare readers may have seen from press reports, on Thursday, SDNY Judge Shira Scheindlin dismissed the Alien Tort Statute suit against Ford Motor Company and IBM in connection with their business activities in Apartheid-era South Africa, thus ending the granddaddy of all ATS litigation and what may have been the largest, longest-running, and most expensive lawfare battle in history.
On August 19, Judge Boasberg of the DC District Court ruled that former Indian Prime Minister Manmohan Singh enjoys immunity from suit for alleged human rights abuses of Sikhs in India while he was Prime Minister from 2004 to 2014, based on a Suggestion of Immunity submitted by the Executive branch.
Two New ATS Decisions: Fourth and Eleventh Circuits Split on Whether Claims Against CACI and Chiquita "Touch and Concern" the Territory of the United States
While Lawfare readers have been focused on other parts of the world, federal appellate courts have recently issued two significant, and potentially conflicting (in result, if not reasoning), decisions interpreting the extraterritorial reach of the Alien Tort Statute in light of the Supreme Court’s Kiobel decision. In June, a Fourth Circuit panel reversed the dismissal of an ATS claim brought against CACI, a U.S.
Apologies for Shameless Self-Promotion, but I wanted to mention an essay of mine that came out a couple of months ago as part of an excellent symposium on the work of Harvard Law School's comparative law scholar, my old and dear friend Mary Ann Glendon. (Duquesne Law Review, Vol. 52, Winter 2014, pp. 115-149, "Through Our Glass Darkly: Does Comparative Law Counsel the Use of Foreign Law in U.S. Constitutional Adjudication?" at SSRN.)