Saturday, February 5, 2011
Stage now set for US Supreme Court to review important case on the Alien Tort Statute
Last September, I reported on a decision by the Court of Appeals for the Second Circuit holding for the first time that plaintiffs could not bring claims against corporations under the Alien Tort Statute. This view departs from decades of case law under the ATS. (See here and here.) The opinion is available here. The stage is now set for the case to move on to the Supreme Court. Yesterday, a divided panel denied rehearing and the en banc Court — splitting 5-5 — refused to rehear the case. An opinion in this case will be tremendously important. Go here for a full report by the Supreme Court Blog.