Lawrence Hurley of Greenwire raises some good questions about the Obama Administration’s position with regards to Kiobel: “Solicitor General Donald Verrilli, the administration’s top legal advocate, would be expected to weigh in on Kiobel, according to three former attorneys who … Continue reading
– Lawfare on Sarei v. Rio Tinto: In passing and without any supporting authority, the majority also invents an entirely new doctrine — that the act-of-state doctrine (which precludes the federal courts from inquiring into the validity of the public acts … Continue reading
Mining company Rio Tinto can be sued for genocide and war crimes allegedly committed in Papua New Guinea under the Alien Tort Statute, a split 9th Circuit said in an opinion released yesterday. (opinion in PDF) The case, Sarei v. … Continue reading
SCOTUSBlog has as good a summary of the two cases as can be found anywhere: In both cases, the issue is whether the human rights laws at issue apply to someone other than a natural person — corporations in Kiobel, … Continue reading
This morning the Supreme Court announced its decision to hear Kiobel v. Royal Dutch Petroleum and Mohamad v. Rajo! You can look forward to way, way, waaaaaay more information and analysis on this blog.
Yesterday, the 2nd Circuit affirmed the F.R.C.P Rule 12(b)(1) dismissal of Orkin v. Swiss Confederation. The quick and dirty: Plaintiff brought a FSIA and ATS claim against the Swiss Government for the 1933 sale of a Vincent Van Gogh by … Continue reading
Lawfare covers oral arguments in Al-Zahrani v. Rodriguez, a Guantanamo detainee case with an ATCA element. Also from Lawfare, news that the Justice Department has asserted Head of State privilege for Rwandan President Paul Kagame in his ATCA suit over … Continue reading