[PDF] Kiobel, et al. v. Royal Dutch Petroleum, et al. - Petition for rehearing and rehearing en banc for Plaintiffs-Appellants-Cross-Appellees
The majority decision directly conflicts with Eleventh Circuit decisions allowing claims against corporations under the Alien Tort Statute (“ATS”). The decision is a radical departure from established ATS jurisprudence...In addition to creating a circuit split, the majority opinion plainly addresses an issue of "exceptional importance" and en banc review is essential to maintain the uniformity of this Court's decisions…Deciding such an important issue without briefing, argument or notice to the parties, where the issue is plainly not jurisdictional, subverts accepted standards of appellate process. Rehearing en banc is appropriate to ensure that this Court's decision-making procedures are respected and parties before the Court receive the process they are due.