Alien Tort Statute -- 2016

Nestle USA, Inc. v. Doe   (U.S. Supreme Court)

Validity of suit under Alien Tort Statute

The NAM and other groups filed an amicus brief 10/21/2015 urging the U.S. Supreme Court to clarify the reach of the Alien Tort Statute. The appeal involves three critical issues arising in ATS cases: (1) whether U.S. courts should entertain extraterritorial litigation—lawsuits involving foreign parties and activities largely occurring abroad, (2) whether there is a well-defined consensus that corporations can be sued for violations of the Law of Nations, and (3) the extent of knowledge or intent that a business must have to be liable for the acts of others. A victory on any of these issues would be of substantial help to the many companies that have faced this kind of litigation.

We also filed an amicus brief in the Ninth Circuit, which issued the problematic rulings now on appeal. For details, click here.

On Jan. 9, 2016, the Court denied the petition for review. These issues will continue to be contentious in the lower courts until the Supreme Court agrees to decide them.

Related Documents:
NAM brief  (October 21, 2015)


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