Earlier this week, the Supreme Court denied Mohammed Jawad’s petition for certiorari.
Latest in Alien Tort Statute
As Lawfare readers know, the question of corporate liability under the Alien Tort Statute is once again before the Supreme Court. But other ATS issues are still dividing lower courts.
A review of recent updates in the case of Mohammed Jawad, a former Guantanamo detainee who is suing the government over his alleged torture.
The Supreme Court punted on the question of corporate liability under the Alien Tort Statute in its 2013 Kiobel decision; corporate liability is once again the explicit question in a case accepted by the Court on April 3, 2017, Jesner v. Arab Bank, No. 16-499.
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.
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.
The Fourth Circuit has affirmed the dismissal of Alien Tort Statute claims against a former Colonel in the Somali National Army by a member of clan persecuted by the Barre regime who he detained, interrogated, tortured, shot, and left for dead.
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.”