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.
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.
Date | Proceedings and Orders |
---|---|
Jul 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. |
Jul 22 2016 | Application (16A82) granted by Justice Ginsburg extending the time to file until October 6, 2016. |
Oct 05 2016 | Petition for a writ of certiorari filed. (Response due November 14, 2016) |
Oct 14 2016 | Consent to the filing of amicus curiae briefs in support of either party or of neither party, received from counsel for petitioners. |
Oct 28 2016 | Order extending time to file response to petition to and including December 14, 2016. |
Nov 11 2016 | Brief amici curiae of Professors of Legal History William R. Casto, et al. filed. |
Nov 14 2016 | Brief amici curiae of International Law Scholars filed. |
Nov 14 2016 | Brief amicus curiae of Senator Sheldon Whitehouse filed. |
Nov 14 2016 | Brief amici curiae of Jack Bloom and Alpha Capital Holdings, Inc. filed. |
Dec 14 2016 | Brief of respondent Arab Bank, PLC in opposition filed. |
Dec 22 2016 | Reply of petitioners Joseph Jesner, et al. filed. |
Dec 28 2016 | DISTRIBUTED for Conference of January 13, 2017. |
Jan 10 2017 | Rescheduled. |
Mar 08 2017 | DISTRIBUTED for Conference of March 24, 2017. |
Mar 27 2017 | DISTRIBUTED for Conference of March 31, 2017. |
Apr 03 2017 | Petition GRANTED. |
Apr 27 2017 | The time to file the joint appendix and petitioners' brief on the merits is extended to and including June 20, 2017. |
Apr 27 2017 | The time to file respondent's brief on the merits is extended to and including August 21, 2017. |
Apr 27 2017 | Petitioners will file the reply brief on or before September 18, 2017. |
May 09 2017 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for petitioners. |
Jun 09 2017 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for respondent. |
Jun 20 2017 | Joint appendix filed (2 Volumes). (Statement of cost filed). |
Jun 20 2017 | Brief of petitioners Joseph Jesner, et al. filed. |
Jun 21 2017 | Brief amici curiae of Admiralty Law Professors, Thomas J. Schoenbaum, George Rutherglen, and Joel Samuels filed. |
Jun 26 2017 | Brief amici curiae of Ambassador David J. Scheffer, et al. filed. |
Jun 27 2017 | Brief amicus curiae of United States in support of neither party filed. |
Jun 27 2017 | Brief amici curiae of Canadian International and National Law Scholars filed. |
Jun 27 2017 | Brief amicus curiae of Constitutional Accountability Center filed. |
Jun 27 2017 | Brief amici curiae of The Chamber of Commerce of the United States of America, et al. in support of neither party filed. |
Jun 27 2017 | Brief amici curiae of Comparative Law Scholars and Practitioners filed. |
Jun 27 2017 | Brief amici curiae of Jack Bloom and Alpha Capital Holdings, Inc. filed. |
Jun 27 2017 | Brief amicus curiae of EarthRights International filed. |
Jun 27 2017 | Brief amicus curiae of Yale Law School Center for Global Legal Challenges filed. |
Jun 27 2017 | Brief amicus curiae of Former U.S. Counterterrorism and National Security Officials filed. |
Jun 27 2017 | Brief amici curiae of Interfaith Center on Corporate Responsibility (ICCR), et al. filed. |
Jun 27 2017 | Brief amici curiae of United States Senators Sheldon Whitehouse and Lindsey Graham filed. |
Jun 27 2017 | Brief amici curiae of Procedural and Corporate Law Professors filed. |
Jun 27 2017 | Brief amici curiae of Center for Constitional Rights, et al. in support of neither party filed. |
Jun 27 2017 | Brief amici curiae of Financial Regulation Scholars and Former Government Officials filed. |
Jun 27 2017 | Brief amici curiae of International Law Scholars filed. |
Jun 27 2017 | Brief amici curiae of Nuremberg Scholars filed. |
Jun 27 2017 | Brief amici curiae of Professors of Legal History filed. |
Jul 19 2017 | SET FOR ARGUMENT on Wednesday, October 11, 2017. |
Aug 01 2017 | Record requested from the U.S.C.A. 2nd Circuit. |
Aug 11 2017 | Record received from the U.S.C.A. 2nd Circuit. The record is electronic. |
Aug 14 2017 | CIRCULATED. |
Aug 21 2017 | Brief of respondent Arab Bank, PLC filed. (Distributed) |
Aug 24 2017 | Brief amici curiae of Professors of International Law, Foreign Relations Law, and Federal Jurisdiction filed. (Distributed) |
Aug 28 2017 | Brief amicus curiae of Union of Arab Banks filed. (Distributed) |
Aug 28 2017 | Brief amici curiae of Former State Department Officials filed. (Distributed) |
Aug 28 2017 | Brief amicus curiae of Institute of International Bankers filed. (Distributed) |
Aug 28 2017 | Brief amicus curiae of Central Bank of Jordan filed. (Distributed) |
Aug 28 2017 | Brief amicus curiae of Hashemite Kingdom of Jordan filed. (Distributed) |
Aug 28 2017 | Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed. |
Sep 08 2017 | Reply of petitioners Joseph Jesner, et al. filed. (Distributed) |
Sep 25 2017 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. |
Oct 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. |
Apr 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. |
May 29 2018 | JUDGMENT ISSUED. |
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