Sentences with phrase «alien tort»

The Supreme Court will address a number of issues important to the business community in the upcoming term, including the scope of the Alien Tort Statute, the validity of arbitration clauses in certain employment agreements, and the...

While the US does have something called the «Alien Tort Statute» - one of my favourite statute names: almost as good as the UK's now repealed Law Reform (Married Women and Tortfeasors) Act — it doesn't give aliens the right to sue the US gov» t.

The case turns on the meaning of the Alien Tort Statute, a cryptic 1789 law that allows federal district courts to hear «any civil action by an alien for a tort only, committed in violation of the law of nations or a treaty of the United States.»

These include investment treaty claims, commercial arbitration and litigation, treaty drafting and interpretation, law of the sea, human rights including Alien Tort Statute and Torture Victim Protection Act claims, and energy supply and pricing disputes.

If through their reports they identify a pressing and compelling problem, a carefully - tailored Canadian version of the American Alien Tort Claims Act might be appropriate, but until then foreign citizens lack standing to issue such claim, and Ontario courts lack jurisdiction to hear them.

LGBTQI Persecution, Sexual & Gender - Based Violence, Torture, War Crimes, & Militarism International Criminal and Human Rights Law, Alien Tort Statute

Tomorrow, the U.S. Supreme Court hears an incredibly important case called Kiobel v. Royal Dutch Petroleum, stemming from a federal lawsuit brought under the Alien Tort statute, a remarkable federal law that allows people from countries outside the United States to sue foreign individuals and multinational corporations that commit human rights violations abroad - like torture, crimes against humanity, war crimes, genocide, disappearances, summary execution, that kind of thing.

Filed under: Alien Tort Claims Act, Harvard, Hillary Clinton, music and musicians, Protection of Lawful Commerce in Arms Act, racketeering and RICO

[D] ozens of successful alien tort claims have been brought in American courts — at first against individuals, and eventually against corporations.

Kurdish victims of mustard gas attacks in northern Iraq in the late 1980s have not stated claims under the Torture Victim Protection Act or the Alien Tort Statute against defendant chemical manufacturer, who allegedly sold thiodiglycol to Saddam Hussein; the...

Could anything be worse for alien tort claimants than arguing before a hostile U.S. Supreme Court on corporate liability, as the plaintiffs in Kiobel v. Royal Dutch Shell did last month?

It is not uncommon for plaintiffs to utilize the US courts and laws such as the Alien Tort Statute (ATS) and the Foreign Sovereign Immunity Act (FSIA) to challenge the legitimacy of actions taken by foreign states within their own sovereign territory.

On the other hand, Goldsmith's logic might permit alien tort suits against U.S. corporations — which ironically includes five of the six signatories of his brief.

Second, it could bar traditional alien tort suits against individual torturers and genocidaires.

SCOTUS heard argument on Wednesday in Jesner v. Arab Bank, considering whether a corporation can be sued under the common law cause of action under the Alien Tort Statute.

Of the two corporate alien tort cases now queued up for the Court, only Sarei v. Rio Tinto squarely presents extraterritoriality.

Kiobel is like an alien tort Rorschach blot; judges see in it what they wish to see.

Court - watchers are now left to ponder the wording of the extraterritoriality question as framed for rebriefing: «Whether and under what circumstances the Alien Tort Statute, 28 U.S.C. sec. 1350, allows courts to recognize a cause of action for violations of the law of nations occurring within the territory of a sovereign other than the United States.»

The other likelihood is that the Court wished to leave open the possibility of sharply restricting alien tort extraterritoriality without overruling Sosa v. Alvarez - Machain, which blessed the torturer and genocidaire alien tort cases anchored by Filartiga v. Pena - Irala.

Alas for the plaintiffs, the justices were determined to choose their own rationale, even if it meant pushing the resolution of alien tort law into the October term.

Apparently not when there's a subtler and more intellectually attractive way to shut down the corporate alien tort enterprise.

The Jesner opinion divides SCOTUS, holding that litigants can not use the Alien Tort Statute to sue foreign corporations..

The appeal deals with whether a U.S. court has jurisdiction under the Alien Tort Statute to award civil damages for human rights abuses committed by Lt. Pedro Barrientos, a former member of General Augusto Pinochet's dictatorship, against deceased folk musician and political activist Victor Jara nearly 45 years ago in Chile.

[4] For more information read «Kiobel v. Shell - Justice in U.S. courts for atrocities overseas: preserving the Alien Tort Statute».

Defended energy company accused of human rights violations under Alien Tort Claims Act in operations outside the U.S. based on Foreign Corrupt Practices Act prosecution

I previously wrote about the case of Jesner v. Arab Bank, PLC, which asked whether corporations can be liable under the Alien Tort Statute («ATS»), 28 U.S.C. § 1350.

It then ordered that the case be reargued in order to answer the question: «Whether and under what circumstances the Alien Tort Statute... allows courts to recognize a cause of violations of the law of nations occurring within the territory of a sovereign other than the United States.»

The blog also features discussions relating to mass torts, consumer product safety and complex litigation, including the Alien Tort Statute, the False Claims Act, and class actions.

The court agreed to decide an issue not decided in its 2013 decision interpreting the Alien Tort Statute: whether corporations can be liable under the law.

His daughter, relying on the Alien Tort Claims Act, is seeking damages in federal court in Chicago for his death.

L. 1 (2002)(examining the procedural advantages to Alien Tort Statute suits against corporations within domestic courts); see Student Author, Civil Procedure — Pleading Requirements — Eleventh Circuit Dismisses Alien Tort Statute Claims against Coca - Cola under Iqbal's Plausibility Pleading Standard, 123 Harv.

138 The Alien Tort Statute, 28 U.S.C. § 1350 provides that «[t] he district courts shall have original jurisdiction of any civil action by an alien for a tort only, committed in violation of the law of nations or a treaty of the United States.»

Human rights cases provide an array of interesting procedural issues, including questions of personal jurisdiction.137 Several important cases brought under the Alien Tort Statute (ATS) 138 could form the basis for interesting LRW problems involving corporate structures and personal jurisdiction or other procedural issues.

Advised Asian state company with respect to alien tort statute litigation arising from energy operations in East Africa

Second is today's oral argument before the U.S. Supreme Court in the case of Kiobel v. Royal Dutch Petroleum, which «concerns the torture of Ogoni leaders in Nigeria, but at stake is the future of the law under which this case was brought, the Alien Tort Statute.»

This paper explores the effect of the U.S. Supreme Court's Kiobel decision on Alien Tort Statute (ATS) litigation in lower courts, and how lower courts have struggled to determine whether Kiobel permits U.S. corporations to be sued under the ATS for alleged torts in foreign countries.

Jesner v. Arab Bank, PLC, No. 16 - 499, holding that foreign corporations may not be sued under the Alien Tort Statute.

Yesterday, the U.S. Supreme Court said foreign corporations can not be sued under the Alien Tort Statute, a law passed in the United States in 1789....

The Litigation Center filed dozens of briefs in the last year on issues of personal jurisdiction and venue, has been a regular filer in cases concerning the scope of the Alien Tort Statute, and actively argues for appropriate limits on the extraterritorial reach of U.S. law.

Currently under review by the U.S. Supreme Court is Jesner, et al., v. Arab Bank, a related case that would clarify if the Alien Tort Statute (ATS) applies to corporations under the 1789 U.S. law.

A complete list of lawsuits against corporations under the Alien Tort Statute can be found here.

Next: Supreme Court rules foreign corporations can't be sued for alleged abuses under alien tort law

Foreign corporations can't be defendants in suits for alleged human rights abuses under the Alien Tort Statute, the U.S. Supreme Court ruled on Tuesday.

On October 1, the Supreme Court heard a second round of arguments in the case specifically concerning the issue of the extraterritoriality of the US Alien Tort Statue (ATS).

Previous: Supreme Court rules foreign corporations can't be sued for alleged abuses under alien tort law

That prior decision adopted a presumption that the Alien Tort Statute doesn't reach human rights violations committed in other countries.

In that case, the Supreme Court will be considering the controversial decision of the Second Circuit Court of Appeals, which ruled that the Alien Tort Statute (which allows lawsuits in U.S. courts for violations of international law) does not create a legal basis for such suits against corporations.

«A Report about the Alien Tort Claims Act» & «U.S. / Indonesia: Bush Backtracks on Corporate Responsibility» & «John Doe v. ExxonMobil Corp..

Lively's work in Uganda led to a lawsuit against him under the Alien Tort Claims Act, filed March 14, 2012, by Se.xual Minorities Uganda, an LGBT rights group in that country, and the Center for Consti.tutional Rights in the U.S..

It cited jurisdiction under the Alien Tort Statute, a vague and controversial law.