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Corporate Liability Under the Alien Tort Claims Act [USA]

Author: Faith E. Gay & J. Noah Hagey, New York Law Journal, Published on: 25 October 2007

In the last decade, a veritable "who's who" of international businesses…have been sued in federal court under the United States' 215-year-old Alien Tort Statute…. On Oct. 12, 2007, the 2nd U.S. Circuit Court of Appeals reaffirmed this expansive trend, holding that corporations may be held liable for aiding and abetting a third party's human rights violations abroad under this long dormant statute. Khulumani v. Barclay Nat. Bank Ltd..... The Khulumani opinion's recognition of aiding and abetting liability for corporations under the ATS was, however, counterbalanced by the 2nd Circuit's acknowledgment of the manner in which "prudential" doctrines…can be used as a means of early termination for ATS claims. [also refers to Pfizer, Caterpillar, DaimlerChrysler (now Daimler), Texaco, UBS, Yahoo, Coca-Cola, Nestle, Bridgestone/Firestone, Chiquita, Chevron, Gap, Exxon, Arab Bank, Drummond]

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Related companies: Arab Bank Barclays Bridgestone-Firestone (part of Bridgestone) Caterpillar Chevron Chiquita Coca-Cola Daimler DaimlerChrysler (now Daimler) Drummond ExxonMobil Gap Nestlé Pfizer Texaco (part of Chevron) UBS Yahoo! (part of Verizon)