Article
Mastafa, et al. v. Chevron Corporation & BNP Paribas
The parties agree, and we hold, that the Supreme Court's decision in Mohamad v. Palestinian Authority, ––– U.S. ––––, 132 S.Ct. 1702, 182 L.Ed.2d 720 (2012), indisputably forecloses plaintiffs' claims brought under the TVPA. We also conclude, in a question of first impression for this Court, that we do not have jurisdiction over plaintiffs' ATS claims pursuant to the Supreme Court's decision in Kiobel v. Royal Dutch Petroleum Co., ––– U.S. ––––, 133 S.Ct. 1659, 185 L.Ed.2d 671 (2013), and our holding in Presbyterian Church of Sudan v. Talisman Energy, Inc., 582 F.3d 244 (2d Cir.2009). Accordingly, we AFFIRM the judgment of the District Court.
The parties agree, and we hold, that the Supreme Court's decision in Mohamad v. Palestinian Authority, ––– U.S. ––––, 132 S.Ct. 1702, 182 L.Ed.2d 720 (2012), indisputably forecloses plaintiffs' claims brought under the TVPA. We also conclude, in a question of first impression for this Court, that we do not have jurisdiction over plaintiffs' ATS claims pursuant to the Supreme Court's decision in Kiobel v. Royal Dutch Petroleum Co., ––– U.S. ––––, 133 S.Ct. 1659, 185 L.Ed.2d 671 (2013), and our holding in Presbyterian Church of Sudan v. Talisman Energy, Inc., 582 F.3d 244 (2d Cir.2009). Accordingly, we AFFIRM the judgment of the District Court. - See more at: http://caselaw.findlaw.com/us-2nd-circuit/1681083.html#sthash.DBo39ioM.dpuf
The parties agree, and we hold, that the Supreme Court's decision in Mohamad v. Palestinian Authority, ––– U.S. ––––, 132 S.Ct. 1702, 182 L.Ed.2d 720 (2012), indisputably forecloses plaintiffs' claims brought under the TVPA. We also conclude, in a question of first impression for this Court, that we do not have jurisdiction over plaintiffs' ATS claims pursuant to the Supreme Court's decision in Kiobel v. Royal Dutch Petroleum Co., ––– U.S. ––––, 133 S.Ct. 1659, 185 L.Ed.2d 671 (2013), and our holding in Presbyterian Church of Sudan v. Talisman Energy, Inc., 582 F.3d 244 (2d Cir.2009). Accordingly, we AFFIRM the judgment of the District Court. - See more at: http://caselaw.findlaw.com/us-2nd-circuit/1681083.html#sthash.DBo39ioM.dpuf