Jesner v. Arab Bank, PLC
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 Anthony McLeod Kennedy on Apr 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.
Jul 20, 2016Application (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, 2016Application (16A82) granted by Justice Ginsburg extending the time to file until October 6, 2016.
Oct 5, 2016Petition for a writ of certiorari filed. (Response due November 14, 2016)Oct 14, 2016Consent to the filing of amicus curiae briefs in support of either party or of neither party, received from counsel for petitioners.
Oct 28, 2016Order extending time to file response to petition to and including December 14, 2016.
Nov 11, 2016Brief amici curiae of Professors of Legal History William R. Casto, et al. filed.Nov 14, 2016Brief amici curiae of International Law Scholars filed.Nov 14, 2016Brief amicus curiae of Senator Sheldon Whitehouse filed.Nov 14, 2016Brief amici curiae of Jack Bloom and Alpha Capital Holdings, Inc. filed.Dec 14, 2016Brief of respondent Arab Bank, PLC in opposition filed.Dec 22, 2016Reply of petitioners Joseph Jesner, et al. filed.Dec 28, 2016DISTRIBUTED for Conference of January 13, 2017.
Jan 10, 2017Rescheduled.
Mar 8, 2017DISTRIBUTED for Conference of March 24, 2017.
Mar 27, 2017DISTRIBUTED for Conference of March 31, 2017.
Apr 3, 2017Petition GRANTED.
Apr 27, 2017The time to file the joint appendix and petitioners' brief on the merits is extended to and including June 20, 2017.
Apr 27, 2017The time to file respondent's brief on the merits is extended to and including August 21, 2017.
Apr 27, 2017Petitioners will file the reply brief on or before September 18, 2017.
May 9, 2017Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for petitioners.
Jun 9, 2017Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for respondent.
Jun 20, 2017Joint appendix filed (2 Volumes). (Statement of cost filed).
Jun 20, 2017Brief of petitioners Joseph Jesner, et al. filed.Jun 21, 2017Brief amici curiae of Admiralty Law Professors, Thomas J. Schoenbaum, George Rutherglen, and Joel Samuels filed.Jun 26, 2017Brief amici curiae of Ambassador David J. Scheffer, et al. filed.Jun 27, 2017Brief amicus curiae of United States in support of neither party filed.Jun 27, 2017Brief amici curiae of Canadian International and National Law Scholars filed.Jun 27, 2017Brief amicus curiae of Constitutional Accountability Center filed.Jun 27, 2017Brief amici curiae of The Chamber of Commerce of the United States of America, et al. in support of neither party filed.Jun 27, 2017Brief amici curiae of Comparative Law Scholars and Practitioners filed.Jun 27, 2017Brief amici curiae of Jack Bloom and Alpha Capital Holdings, Inc. filed.Jun 27, 2017Brief amicus curiae of EarthRights International filed.Jun 27, 2017Brief amicus curiae of Yale Law School Center for Global Legal Challenges filed.Jun 27, 2017Brief amicus curiae of Former U.S. Counterterrorism and National Security Officials filed.Jun 27, 2017Brief amici curiae of Interfaith Center on Corporate Responsibility (ICCR), et al. filed.Jun 27, 2017Brief amici curiae of United States Senators Sheldon Whitehouse and Lindsey Graham filed.Jun 27, 2017Brief amici curiae of Procedural and Corporate Law Professors filed.Jun 27, 2017Brief amici curiae of Center for Constitional Rights, et al. in support of neither party filed.Jun 27, 2017Brief amici curiae of Financial Regulation Scholars and Former Government Officials filed.Jun 27, 2017Brief amici curiae of International Law Scholars filed.Jun 27, 2017Brief amici curiae of Nuremberg Scholars filed.Jun 27, 2017Brief amici curiae of Professors of Legal History filed.Jul 19, 2017SET FOR ARGUMENT on Wednesday, October 11, 2017.
Aug 1, 2017Record requested from the U.S.C.A. 2nd Circuit.
Aug 11, 2017Record received from the U.S.C.A. 2nd Circuit. The record is electronic.
Aug 14, 2017CIRCULATED.
Aug 21, 2017Brief of respondent Arab Bank, PLC filed. (Distributed)Aug 24, 2017Brief amici curiae of Professors of International Law, Foreign Relations Law, and Federal Jurisdiction filed. (Distributed)Aug 28, 2017Brief amicus curiae of Union of Arab Banks filed. (Distributed)Aug 28, 2017Brief amici curiae of Former State Department Officials filed. (Distributed)Aug 28, 2017Brief amicus curiae of Institute of International Bankers filed. (Distributed)Aug 28, 2017Brief amicus curiae of Central Bank of Jordan filed. (Distributed)Aug 28, 2017Brief amicus curiae of Hashemite Kingdom of Jordan filed. (Distributed)Aug 28, 2017Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Sep 8, 2017Reply of petitioners Joseph Jesner, et al. filed. (Distributed)Sep 25, 2017Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Oct 11, 2017Argued. 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, 2018Adjudged 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, 2018JUDGMENT ISSUED.
Recommended Citation: Jesner v. Arab Bank, PLC, SCOTUSblog, https://www.scotusblog.com/cases/jesner-v-arab-bank-plc/