Issue: (1) Whether the Second Circuit erred when, in
conflict with decisions of this Court and other circuits
and in disregard of international comity and
due process, it failed to vacate severe sanctions for
non-production of records located in countries where
production would subject the Bank to criminal penalties,
hobbling the Bank’s defense; and (2) whether the courts below erred by failing to
dismiss plaintiffs’ Alien Tort Statute claims, as the Second Circuit’s
and this Court’s decisions in Kiobel v. Royal Dutch Petroleum require. CVSG: 10/21/2013.
On Monday at 9:30 a.m. we expect orders from the October 17 Conference. We do not expect any decisions on the merits but will report promptly on any orders. The Court's next Conference is scheduled for October 31. The November sitting begins November 3.