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Nestlé U.S.A., Inc. v. Doe

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Petition for certiorari denied on January 11, 2016
Docket No. Op. Below Argument Opinion Vote Author Term
15-349 9th Cir. N/A N/A N/A N/A OT 2015

Issue: (1) Whether a defendant is subject to suit under the Alien Tort Statute for aiding and abetting another person's alleged violation of the law of nations based on allegations that the defendant intended to pursue a legitimate business objective while knowing (but not intending) that the objective could be advanced by the other person's violation of international law; (2) whether the “focus” test of Morrison v. National Australian Bank, Ltd. governs whether a proposed application of the Alien Tort Statute would be impermissibly extraterritorial under Kiobel v. Royal Dutch Petroleum Co.; and (3) whether there is a well-defined international-law consensus that corporations are subject to liability for violations of the law of nations.

DateProceedings and Orders (key to color coding)
Jul 16 2015Application (15A83) to extend the time to file a petition for a writ of certiorari from August 4, 2015 to September 18, 2015, submitted to Justice Kennedy.
Jul 22 2015Application (15A83) granted by Justice Kennedy extending the time to file until September 18, 2015.
Sep 18 2015Petition for a writ of certiorari filed. (Response due October 21, 2015)
Oct 17 2015Waiver of right of respondents John Doe I, et al. to respond filed.
Oct 21 2015Brief amicus curiae of Grocery Manufacturers Association filed.
Oct 21 2015Brief amici curiae of National Confectioners Association, et al. filed.
Oct 21 2015Brief amici curiae of Washington Legal Foundation, et al. filed.
Oct 21 2015Brief amici curiae of Chamber of Commerce of the United States of America, et al. filed.
Oct 28 2015DISTRIBUTED for Conference of November 13, 2015.
Nov 4 2015Response Requested . (Due December 4, 2015)
Dec 4 2015Brief of respondents John Doe I, et al. in opposition filed.
Dec 21 2015Reply of petitioners Nestle U.S.A., Inc., et al. filed.
Dec 22 2015DISTRIBUTED for Conference of January 8, 2016.
Jan 11 2016Petition DENIED.