In a sense, the combination of Sosa’s adoption of an evolving standard of customary international law, a rule holding that corporations are proper defendants in ATS cases, and recognition of “aiding and abetting” liability under the ATS has created a “perfect storm” that will almost certainly lead to a continued uptick in ATS filings against corporations in the U.S. courts for events having no conceivable relation to the corporations’ primary business activities or to the United States.
About ATCABlogNews and Views on the Alien Tort Claims Act (a.k.a. The Alien Tort Statute) and the Torture Victims Protection Act, 28 U.S.C. § 1350.
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