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10 Mar 2012, 9:53 pm by John Knox
For a couple of reasons, the presumption against extraterritoriality doesn’t apply neatly to ATS claims, as the Ninth and DC Circuits said in their 2011 decisions in Sarei v Rio Tinto and Doe VIII v Exxon Mobil. [read post]
8 Mar 2012, 7:22 am by John Elwood
United States, 11-5683, and Hill v. [read post]
5 Mar 2012, 8:23 pm
Although Rio Tinto has operations in many countries, including the United States, and Sarei lived in the United States as a resident alien when the complaint was filed, nothing done by Americans or in America, is at issue. [read post]
5 Mar 2012, 4:03 pm by John Bellinger
  The Court’s order directs the parties to file supplemental briefs on whether the ATS “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. [read post]
5 Mar 2012, 12:34 pm
   Apparently, in reviewing the cert petition in Rio Tinto v. [read post]
5 Mar 2012, 11:01 am by Lyle Denniston
   In addition, there is a strong chance that the Court next Term could be reexamining its controversial ruling in Citizens United v. [read post]
17 Feb 2012, 5:17 am by Nicholas J. Wagoner
The ATS provides that “district courts shall have original jurisdiction of any civil action by an alien for a tort only, committed in violation of the law of nations or a treaty of the United States. [read post]
29 Dec 2011, 4:54 pm by INFORRM
Max Mosley went to the European Court of Human Rights with his application against the United Kingdom. [read post]
27 Dec 2011, 6:51 pm by Kevin
  The Supreme Court heard arguments in the case U.S. v. [read post]
26 Dec 2011, 3:00 am by Ted Folkman
Cases where the foreign state was not party to the Convention Rio Props., Inc. v. [read post]
20 Dec 2011, 2:15 pm by Trey Childress
As previously reported here,  the United States Supreme Court recently granted certiorari in the case of Kiobel v. [read post]
’[3] On the question of domestic law the Court finds that ‘the law of the United States has been uniform since its founding that corporations can be held liable for the torts committed by their agents. [read post]
29 Nov 2011, 6:51 am by Nabiha Syed
United States and Hill v. [read post]