Jesner v. Arab Bank, PLC
| Docket No. | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|
| 16-499 | Oct 11, 2017 | Apr 24, 2018 | 5-4 | Kennedy | OT 2017 |
Holding: Foreign corporations may not be defendants in suits brought under the Alien Tort Statute.
Judgment: Affirmed, 5-4, in an opinion by Justice Kennedy on April 24, 2018. Justice Kennedy delivered the opinion of the court with respect to Parts I, II-B-1, and II-C, in which Chief Justice Roberts and Justices Thomas, Alito, and Gorsuch joined, and an opinion with respect to Parts II-A, II-B-2, II-B-3, and III, in which Chief Justice Roberts and Justice Thomas joined. Justice Thomas filed a concurring opinion. Justices Alito and Gorsuch filed opinions concurring in part and concurring in the judgment. Justice Sotomayor filed a dissenting opinion, in which Justices Ginsburg, Breyer, and Kagan joined.
SCOTUSblog Coverage
- OT2017 #23: "After Dark" (First Mondays, April 30, 2018)
- Opinion analysis: Court bars lawsuits against foreign corporations under Alien Tort Statute (Amy Howe, April 24, 2018)
- OT2017 #3: Nowheresville (ft. Nina Totenberg) (First Mondays, October 16, 2017)
- Argument analysis: Corporate liability for violations of international law on shaky ground (Amy Howe, October 11, 2017)
- OT2017 #2: "Who is the River Master?" (First Mondays, October 9, 2017)
- Argument preview: Corporate liability and the Alien Tort Statute (Amy Howe, October 4, 2017)
- Symposium: Dusting off corporate liability in Jesner Why there is no international consensus and why courts lack authority to innovate on the issue (Kristin Linsley, July 27, 2017)
- Symposium: Its just a tort case (Richard Herz, July 27, 2017)
- Symposium: A federal-common-law approach to corporate liability under the Alien Tort Statute (Anton Metlitsky, July 26, 2017)
- Symposium: Combating terrorist financing through corporate liability under the Alien Tort Statute (Michael Barr, July 26, 2017)
- Symposium: The lessons of Nuremberg (Beth Van Schaack, July 25, 2017)
- Symposium: After "universality" Emphasizing territory and nationality in a world of increasingly competitive sovereign powers (Kenneth Anderson, July 25, 2017)
- An introduction to the Alien Tort Statute and corporate liability: In Plain English (Amy Howe, July 24, 2017)
- Court releases October calendar (Amy Howe, July 20, 2017)
- Two grants, still no Masterpiece Cakeshop (again) (Amy Howe, April 3, 2017)
- Petition of the day (Kate Howard, December 3, 2016)
| Date | Proceedings and Orders |
|---|---|
| 07/20/2016 | Application (16A82) to extend the time to file a petition for a writ of certiorari from August 7, 2016 to October 6, 2016, submitted to Justice Ginsburg. |
| 07/22/2016 | Application (16A82) granted by Justice Ginsburg extending the time to file until October 6, 2016. |
| 10/05/2016 | Petition for a writ of certiorari filed. (Response due November 14, 2016) |
| 10/14/2016 | Consent to the filing of amicus curiae briefs in support of either party or of neither party, received from counsel for petitioners. |
| 10/28/2016 | Order extending time to file response to petition to and including December 14, 2016. |
| 11/11/2016 | Brief amici curiae of Professors of Legal History William R. Casto, et al. filed. |
| 11/14/2016 | Brief amici curiae of International Law Scholars filed. |
| 11/14/2016 | Brief amicus curiae of Senator Sheldon Whitehouse filed. |
| 11/14/2016 | Brief amici curiae of Jack Bloom and Alpha Capital Holdings, Inc. filed. |
| 12/14/2016 | Brief of respondent Arab Bank, PLC in opposition filed. |
| 12/22/2016 | Reply of petitioners Joseph Jesner, et al. filed. |
| 12/28/2016 | DISTRIBUTED for Conference of January 13, 2017. |
| 01/10/2017 | Rescheduled. |
| 03/08/2017 | DISTRIBUTED for Conference of March 24, 2017. |
| 03/27/2017 | DISTRIBUTED for Conference of March 31, 2017. |
| 04/03/2017 | Petition GRANTED. |
| 04/27/2017 | The time to file the joint appendix and petitioners' brief on the merits is extended to and including June 20, 2017. |
| 04/27/2017 | The time to file respondent's brief on the merits is extended to and including August 21, 2017. |
| 04/27/2017 | Petitioners will file the reply brief on or before September 18, 2017. |
| 05/09/2017 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for petitioners. |
| 06/09/2017 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for respondent. |
| 06/20/2017 | Joint appendix filed (2 Volumes). (Statement of cost filed). |
| 06/20/2017 | Brief of petitioners Joseph Jesner, et al. filed. |
| 06/21/2017 | Brief amici curiae of Admiralty Law Professors, Thomas J. Schoenbaum, George Rutherglen, and Joel Samuels filed. |
| 06/26/2017 | Brief amici curiae of Ambassador David J. Scheffer, et al. filed. |
| 06/27/2017 | Brief amicus curiae of United States in support of neither party filed. |
| 06/27/2017 | Brief amici curiae of Canadian International and National Law Scholars filed. |
| 06/27/2017 | Brief amicus curiae of Constitutional Accountability Center filed. |
| 06/27/2017 | Brief amici curiae of The Chamber of Commerce of the United States of America, et al. in support of neither party filed. |
| 06/27/2017 | Brief amici curiae of Comparative Law Scholars and Practitioners filed. |
| 06/27/2017 | Brief amici curiae of Jack Bloom and Alpha Capital Holdings, Inc. filed. |
| 06/27/2017 | Brief amicus curiae of EarthRights International filed. |
| 06/27/2017 | Brief amicus curiae of Yale Law School Center for Global Legal Challenges filed. |
| 06/27/2017 | Brief amicus curiae of Former U.S. Counterterrorism and National Security Officials filed. |
| 06/27/2017 | Brief amici curiae of Interfaith Center on Corporate Responsibility (ICCR), et al. filed. |
| 06/27/2017 | Brief amici curiae of United States Senators Sheldon Whitehouse and Lindsey Graham filed. |
| 06/27/2017 | Brief amici curiae of Procedural and Corporate Law Professors filed. |
| 06/27/2017 | Brief amici curiae of Center for Constitional Rights, et al. in support of neither party filed. |
| 06/27/2017 | Brief amici curiae of Financial Regulation Scholars and Former Government Officials filed. |
| 06/27/2017 | Brief amici curiae of International Law Scholars filed. |
| 06/27/2017 | Brief amici curiae of Nuremberg Scholars filed. |
| 06/27/2017 | Brief amici curiae of Professors of Legal History filed. |
| 07/19/2017 | SET FOR ARGUMENT on Wednesday, October 11, 2017. |
| 08/01/2017 | Record requested from the U.S.C.A. 2nd Circuit. |
| 08/11/2017 | Record received from the U.S.C.A. 2nd Circuit. The record is electronic. |
| 08/14/2017 | CIRCULATED. |
| 08/21/2017 | Brief of respondent Arab Bank, PLC filed. (Distributed) |
| 08/24/2017 | Brief amici curiae of Professors of International Law, Foreign Relations Law, and Federal Jurisdiction filed. (Distributed) |
| 08/28/2017 | Brief amicus curiae of Union of Arab Banks filed. (Distributed) |
| 08/28/2017 | Brief amici curiae of Former State Department Officials filed. (Distributed) |
| 08/28/2017 | Brief amicus curiae of Institute of International Bankers filed. (Distributed) |
| 08/28/2017 | Brief amicus curiae of Central Bank of Jordan filed. (Distributed) |
| 08/28/2017 | Brief amicus curiae of Hashemite Kingdom of Jordan filed. (Distributed) |
| 08/28/2017 | Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed. |
| 09/08/2017 | Reply of petitioners Joseph Jesner, et al. filed. (Distributed) |
| 09/25/2017 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. |
| 10/11/2017 | Argued. For petitioners: Jeffrey L. Fisher, Stanford, Cal. For United States, as amicus curiae: Brian H. Fletcher, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For respondent: Paul D. Clement, Washington, D. C. |
| 04/24/2018 | Adjudged to be AFFIRMED. Kennedy, J., announced the judgment of the Court and delivered the opinion of the Court with respect to Parts I, II-B-1, and II-C, in which Roberts, C. J., and Thomas, Alito, and Gorsuch, JJ., joined, and an opinion with respect to Parts II-A, II-B-2, II-B-3, and III, in which Roberts, C. J., and Thomas, J., joined. Thomas, J., filed a concurring opinion. Alito, J., and Gorsuch, J., filed opinions concurring in part and concurring in the judgment. Sotomayor, J., filed a dissenting opinion, in which Ginsburg, Breyer, and Kagan, JJ., joined. |
| 05/29/2018 | JUDGMENT ISSUED. |