Kiobel v. Royal Dutch Petroleum Company

International & National Security Law Practice Group Teleforum

Last term, the U.S. Supreme Court, in the Kiobel case, took the highly unusual step of asking the parties, after oral argument, to brief a broader question than had presently been before the Court.  In previous cases, the Court had determined that the Alien Tort Statute could be used by foreign parties to sue other foreign parties in U.S. courts for torts that had occurred outside the United States.  Last February, the Court was initially considering whether a corporation was a proper defendant is such a suit.  On October 1, 2012, the Court will consider whether and under what circumstances the ATS allows U.S. courts to recognize a cause of action for violations of the law of nations occurring within the territory of a sovereign other than the United States – an issue many had considered already decided by the Court.  Our experts will discuss the oral argument and the prospects for the case going forward.

Featuring:

• Prof. Chimène Keitner, University of California Hastings College of the Law
• Prof. Eugene Kontorovich, Northwestern University School of Law
• Prof. Julian Ku, Hofstra University School of Law

Last term, the U.S. Supreme Court, in the Kiobel case, took the highly unusual step of asking the parties, after oral argument, to brief a broader question than had presently been before the Court. In previous cases, the Court had determined that the Alien Tort Statute could be used by foreign parties to sue other foreign parties in U.S. courts for torts that had occurred outside the United States. Last February, the Court was initially considering whether a corporation was a proper defendant is such a suit. On October 1, 2012, the Court will consider whether and under what circumstances the ATS allows U.S. courts to recognize a cause of action for violations of the law of nations occurring within the territory of a sovereign other than the United States – an issue many had considered already decided by the Court. Our experts will discuss the oral argument and the prospects for the case going forward.

Featuring:

• Prof. Chimène Keitner, University of California Hastings College of the Law
• Prof. Eugene Kontorovich, Northwestern University School of Law
• Prof. Julian Ku, Hofstra University School of Law

Call begins at 3:00 p.m. Eastern Time.

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