USA: Supreme Court will not rule this term on corporate liability for human rights abuses - orders that Kiobel case is reargued, asks whether human rights cases arising in other countries can be heard

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Article
5 March 2012

Supreme Court Orders Reargument in Alien Tort Statute Case

Author: Marcia Coyle, Blog of the Legal Times

The U.S. Supreme Court on Monday ordered reargument in a major challenge involving lawsuits against corporations for human rights violations under the Alien Tort Statute. Kiobel v. Royal Dutch Petroleum originally asked the justices whether corporations could be sued under the 1798 federal law. That question was argued on Feb. 28. In Monday’s order, the justices directed the parties to file supplemental briefs on whether the statute allows federal courts to hear lawsuits alleging international law violations that occur outside of the territory of the United States.

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Article
5 March 2012

Supreme Court won't rule this term on corporate liability for human rights abuses

Author: Marco Simmons, Legal Director, EarthRights Intl.

A few hours ago, the Supreme Court issued a highly unusual order in the Kiobel case: the Court will not decide that case, on whether corporations can be sued for human rights violations such as torture and crimes against humanity, during this term. Instead, the Court will re-hear the case, and will receive entirely new briefing, to focus on a different issue: whether Alien Tort Statute cases can be brought in U.S. courts over abuses which occurred in other countries.

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Article
5 March 2012

[PDF] [Text of order by US Supreme Court]

Kiobel, Esther, et al. v. Royal Dutch Petroleum, Et Al. This case is restored to the calendar for reargument. The parties are directed to file supplemental briefs addressing the following question: “Whether and under what circumstances the Alien Tort Statute, 28 U.S.C. §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.”...

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