Editor's Note :

Editor's Note :

We expect orders from the February 24 conference on Monday at 9:30 a.m. There is a possibility of opinions on Wednesday, March 1.

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
 
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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.

Plain English Summary:

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

Briefs and Documents

Certiorari-stage documents

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