Alien Tort Statute: Litigation

Latest in Alien Tort Statute: Litigation

Alien Tort Statute

Summary: Supreme Court Rules in Jesner v. Arab Bank

This Tuesday, the Supreme Court held in Jesner et al. v. Arab Bank, PLC that the federal courts are not available to aliens in actions against foreign corporations.

In a 5-4 vote, with Justice Anthony Kennedy writing the majority opinion, the court affirmed the U.S. Court of Appeals for the Second Circuit’s dismissal of the case and held that aliens cannot bring suit under the Alien Tort Statute (ATS) against foreign corporations.

Procedural History

Alien Tort Statute: Litigation

Al Shimari v. CACI: Further Supreme Court Guidance Needed on the Alien Tort Statute

The recent ruling by the Eastern District of Virginia in Al Shimari, et. al. v. CACI highlights the need for further guidance from the Supreme Court—or even better, Congress—regarding the scope and nature of the Alien Tort Statute (ATS).

Alien Tort Statute

Justice Gorsuch is Right: Jesner and the Original Meaning of the Alien Tort Statute

On Oct. 11, the Supreme Court heard arguments in Jesner v. Arab Bank. Jesner involves whether the Alien Tort Statute (ATS) allows federal courts to exercise jurisdiction over claims by aliens against corporations. As originally enacted in Section 9 of the Judiciary Act of 1789, the ATS provided that “the district courts ... shall ... have cognizance ...

Alien Tort Statute

Former Guantanamo Detainee Petitions for Certiorari Seeking Redress for Alleged Torture

In late 2002, Afghan officials arrested Mohammed Jawad and transferred him to American officials. During his six-year stay at Guantanamo, Jawad alleges that he was tortured. Upon being released from federal custody and repatriated to Afghanistan, Jawad sued the government in 2014. Last year on Lawfare, Helen Klein Murillo described the D.C.

Alien Tort Statute

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

As Lawfare readers know, ever since the Supreme Court’s 2013 decision in Kiobel v. Royal Dutch Petroleum, lower courts have split over how to apply the majority’s cryptic holding that the Alien Tort Statute is presumed not to apply to conduct on the territory of another country, unless the plaintiff’s claims “touch and concern” the United States with sufficient force to overcome that presumption.

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