Lawyers for Exxon Mobil Corp. have asked the full U.S. Court of Appeals for the D.C. Circuit to reject a panel decision that exposed the oil giant to corporate liability for alleged atrocities in Indonesia.
Exxon’s lawyers, including Sri Srinivasan of O’Melveny & Myers, said in a petition (PDF) that the three-judge panel got it wrong when it found Exxon can be held liable under the Alien Tort Statute.
[…]Srinivasan, chair of O’Melveny’s appellate and Supreme Court practice, said the panel decision, if it is not overturned, “threatens to unleash a flood of litigation in U.S. court for actions lacking any salient connection to the United States.”
For those unfamiliar with the case, John Doe VIII v. Exxon Mobil Corp., Judge Tatel outlines the story in his decision (PDF):
Pursuant to a contract with the Indonesian government, Exxon Mobil Corporation, a United States corporation, and several of its wholly owned subsidiaries (hereinafter “Exxon”) operated a large natural gas extraction and processing facility in the Aceh province of Indonesia in 2000–2001. Plaintiffs-appellants are fifteen Indonesian villagers from the Aceh territory. Eleven villagers filed a complaint in 2001 alleging that Exxon’s security forces committed murder, torture, sexual assault, battery, and false imprisonment in violation of the Alien Tort Statute (“ATS”) and the Torture Victim Protection Act (“TVPA”), and various common law torts. (The Doe I complaint.) Four other Aceh villagers alleged in 2007 that Exxon committed various common law torts. (The Doe VIII complaint.)
and the holding:
We further conclude under our precedent that this court should address Exxon’s contention on appeal of corporate immunity and, contrary to its view and that of the Second Circuit, we join the Eleventh Circuit in holding that neither the text, history, nor purpose of the ATS supports corporate immunity for torts based on heinous conduct allegedly committed by its agents in violation of the law of nations.