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US Supreme Ct. should hear Nestlé, Cargill & ADM case over alleged child labour in Côte d'Ivoire to clarify unresolved Alien Tort issues, says lawyer

"Doe v Nestle: Will SCOTUS Grant Cert to Clarify Unresolved Issues in Kiobel?", 30 Dec 2015

Less than three years after the Supreme Court's decision in Kiobel v Royal Dutch Petroleum, which held that the Alien Tort Statute is presumed not to apply to conduct on the sovereign territory of other countries, the Supreme Court is considering whether to grant certiorari in another ATS case to clarify issues left unresolved in Kiobel. The case before the Court is Doe v. Nestle, in which a divided Ninth Circuit panel allowed a decade-old ATS suit to proceed against three American companies (Nestle USA, Archer-Daniels-Midland, and Cargill) alleged to have aided and abetted acts of child enslavement by coca farmers in the Cote d'Ivoire. The defendant companies have filed for cert, arguing that the Ninth Circuit's decision conflicts not only with Kiobel but with post-Kiobel decisions of other circuit courts. The plaintiffs respond that it is premature for the Court to review the case and deny that there is a circuit split...[T]he Court is scheduled to decide on January 8 whether to take the case...Supreme Court review is warranted to resolve the circuit conflict over the meaning of Kiobel's "touch and concern" test, and the Nestle cert petition presents a suitable vehicle to clarify the meaning of "touch and concern" and other ATS issues left unresolved by Kiobel...