Jesner v. Arab Bank, PLC
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 16-499 | 2d Cir. | 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, 28 U.S.C. § 1350.
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: It's 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. |