Breaking News :

Rio Tinto PLC v. Sarei

Docket No. Op. Below Argument Opinion Vote Author Term
11-649 9th Cir. Not Argued Apr 22, 2013 TBD TBD OT 2012

Issue: (1) Whether U.S. courts should recognize a federal common law claim under the Alien Tort Statue (ATS) arising from conduct occurring entirely within the jurisdiction of a foreign sovereign, especially where the claim addresses the foreign sovereign’s own conduct on its own soil toward its own citizens; (2) whether U.S. courts should recognize a federal common law claim under the ATS based on aiding-and-abetting liability, even absent concrete factual allegations establishing that the purpose of the defendant’s conduct was to advance the principal actor’s violations of international law; (3) whether a plaintiff asserting a federal common law claim under the ATS addressed to conduct occurring entirely within the jurisdiction of a foreign sovereign must seek to exhaust available remedies in the courts of that sovereign before filing suit in the United States, as international and domestic law require; and (4) whether federal common law claims asserted under the ATS for violations of international human rights law norms may be brought against corporate entities.

Judgment: Granted, vacated, and remanded for further consideration in light of Kiobel v. Royal Dutch Petroleum. on April 22, 2013. (Kagan, J., recused.)

DateProceedings and Orders
Nov 23 2011Petition for a writ of certiorari filed. (Response due December 28, 2011)
Nov 23 2011Appendix of Rio Tinto PLC, et al. filed (Volumes I & II).
Dec 15 2011Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for petitioners,
Dec 27 2011Waiver of right of respondents Alexis Holyweek Sarei, et al. to respond filed.
Dec 28 2011DISTRIBUTED for Conference of January 13, 2012.
Dec 28 2011Motion for leave to file amici brief filed by Professors of International Law, Foreign Relations Law and Federal Jurisdiction. (Distributed)
Dec 28 2011Motion for leave to file amici brief filed by Washington Legal Foundation, et al. (Distributed)
Dec 28 2011Motion for leave to file amicus brief filed by Chamber of Commerce of the United States of America. (Distributed)
Dec 28 2011Motion for leave to file amici brief filed by Governments of Australia and the United Kingdom of Great Britain and Northern Ireland. (Distributed)
Jan 3 2012Supplemental brief of petitioners Rio Tinto PLC, et al. filed. (Distributed)
Jan 4 2012Response Requested . (Due February 3, 2012)
Feb 3 2012Brief of respondent Alexis Holyweek Sarei, et al. in opposition filed.
Feb 3 2012Motion for leave to file amici brief filed by National Foreign Trade Council, et al.
Feb 15 2012DISTRIBUTED for Conference of March 2, 2012.
Feb 15 2012Reply of petitioners Rio Tinto PLC, et al. filed. (Distributed)
Apr 17 2013DISTRIBUTED for Conference of April 19, 2013.
Apr 22 2013Motion for leave to file amici brief filed by Governments of Australia and the United Kingdom of Great Britain and Northern Ireland GRANTED. Justice Kagan took no part in the consideration or decision of this motion.
Apr 22 2013Motion for leave to file amici brief filed by Professors of International Law, Foreign Relations Law and Federal Jurisdiction GRANTED. Justice Kagan took no part in the consideration or decision of this motion.
Apr 22 2013Motion for leave to file amici brief filed by Washington Legal Foundation, et al. GRANTED. Justice Kagan took no part in the consideration or decision of this motion.
Apr 22 2013Motion for leave to file amicus brief filed by Chamber of Commerce of the United States of America GRANTED. Justice Kagan took no part in the consideration or decision of this motion.
Apr 22 2013Motion for leave to file amici brief filed by National Foreign Trade Council, et al. GRANTED. Justice Kagan took no part in the consideration or decision of this motion.
Apr 22 2013Petition GRANTED. Judgment VACATED and case REMANDED for further consideration in light of Kiobel v. Royal Dutch Petroleum Co., 569 U. S. ___ (2013). Justice Kagan took no part in the consideration or decision of this petition.
May 24 2013JUDGMENT ISSUED.
 
Share:
  • Featured Posts

  • Search

Term Snapshot
  • Videos see all

    Capture

    In this five-part interview, Orin Kerr of the George Washington University Law School discusses his background in mechanical engineering and the law; clerking for Justice Anthony M. Kennedy and Judge Leonard I. Garth of the Third Circuit; working in the Computer Crime and Intellectual Property Section of the Department of Justice; and teaching law. Kerr talks about how […]

Awards
  • Peabody Award

    Peabody Award

    Awarded the Peabody Award for excellence in electronic media.

  • Sigma Delta Chi

    Sigma Delta Chi

    Awarded the Sigma Delta Chi deadline reporting award for online coverage of the Affordable Care Act decision.

  • National Press Club Award

    National Press Club Award

    Awarded the National Press Club's Breaking News Award for coverage of the Affordable Care Act decision.

  • Silver Gavel Award

    Silver Gavel Award

    Awarded the Silver Gavel Award by the American Bar Association for fostering the American public’s understanding of the law and the legal system.

  • American Gavel Award

    American Gavel Award

    Awarded the American Gavel Award for Distinguished Reporting About the Judiciary to recognize the highest standards of reporting about courts and the justice system.

  • Subscriptions



    RSS


    Twitter: Blog Staff Tweets


    Twitter: Each Blog Post, Tweeted
  • Bloomberg Law and SCOTUSblog’s Supreme Court Challenge

    Current Standings - Top 10 Teams

    1. Team SCOTUSblog (4 points)

    2. Baker Nation
         Florida International College of Law (4 points)

    3. Jason Griffin
         Capital University Law School (4 points)

    4. JusticeLeague
         Stanford University Law School (4 points)

    5. I Respectfully Dissent
         University of Hawaii Richardson School of Law (4 points)

    6. In Merit the Win
         Capital University Law School (4 points)

    7. Please Dont Emanate in the Penumbras
         Georgetown University Law Center (4 points)

    8. The Penn Pequod
         University of Pennsylvania Law School (4 points)

    9. Trevor Stanleys Team
         Campbell University - Norman Adrian Wiggins School of Law (4 points)

    10. Moot Point
         Georgetown University Law Center (3 points)


    Click here to learn more