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Legal News
10 Oct 2014
by Laura DeGeer

[JURIST] The Supreme Court of Canada [official website] ruled [judgment] Friday that citizens cannot sue foreign governments for torture. Under the State Immunity Act [text], a foreign state is immune from the jurisdiction of any court in Canada, unless that state has waived such immunity. In the case at hand, … [read more]


Legal News
1 Jul 2014
by Kimberly Bennett

[JURIST] The US Court of Appeals for the Fourth Circuit [official website] ruled [opinion, PDF] Monday that the US District Court for the Eastern District of Virginia [official website] erred in concluding [order, PDF] that it lacked jurisdiction over a case of alleged torture in the Abu Ghraib [JURIST report] … [read more]


Legal News
15 Oct 2013
by Jaclyn Belczyk

[JURIST] The US Supreme Court [official website] heard oral arguments [day call, PDF] in three cases Tuesday, including an affirmative action case and a case on suing foreign corporations in US courts. In Daimler AG v. Bauman [transcript, PDF; JURIST report] the court heard arguments on "whether it violates due … [read more]


Academic Commentary
28 May 2013

JURIST Guest Columnist Kenneth S. Gallant of the University of Arkansas at Little Rock, William H. Bowen School of Law says that careful delineation of the application of extraterritorial law is the key to its predictable application ...In two recent cases, Kiobel v. Royal Dutch Petroleum and Morrison v. Australia … [read more]


Legal News
23 Apr 2013
by Julia Zebley

[JURIST] The US Supreme Court [official website] granted certiorari in one new case [order list, PDF] on Monday. In DaimlerChrysler AG v. Bauman [cert. petition, PDF; docket] the court will consider "whether it violates due process for a court to exercise general personal jurisdiction over a foreign corporation based solely … [read more]


Academic Commentary
19 Apr 2013

JURIST Guest Columnist Patrick Borchers of the Creighton University School of Law says that the Supreme Court's opinion in Kiobel v. Royal Dutch Petroleum overlooks recent relevant developments in the conflict of laws and may have unintended effects on future cases...The US Supreme Court's already-strange extraterritoriality jurisprudence just got a … [read more]


Legal News
17 Apr 2013
by Julia Zebley

[JURIST] The US Supreme Court [official website] ruled unanimously Wednesday in Kiobel v. Royal Dutch Petroleum [opinion, PDF; JURIST report] that nothing in the Alien Tort Statute of 1789 (ATS) [text] rebuts the US presumption against extraterritoriality and that suits challenging torture and international law violations that took place overseas … [read more]


Student Commentary
8 Mar 2013

JURIST Senior Editor Sarah Posner, University of Pittsburgh School of Law Class of 2013, is a member of JURIST's Editorial Board. Here, Posner discusses the loophole on corporate liability and US Supreme Court's possible holding in Kiobel v. Royal Dutch Petroleum Co. based on the Alien Tort Statute...The US Supreme … [read more]


Legal News
30 Jan 2013
by Cynthia Miley

[JURIST] The Dutch District Court of The Hague [official website] ruled Wednesday that a subsidiary of Shell [corporate website] could be held liable to one farmer for damages resulting from polluting the Niger Delta region in southern Nigeria. However, the court dismissed four other claims [Reuters report] brought by farmers … [read more]


Legal News
11 Oct 2012
by Rebecca DiLeonardo

[JURIST] Four Nigerian residents and an advocacy group told a Dutch court on Thursday that Shell [corporate website] should be held liable [press release, in Dutch] for damage from oil pollution in the Niger Delta. The suit, which was filed by the four villagers and Friends of the Earth Netherlands … [read more]


Legal News
2 Oct 2012
by Julia Zebley

[JURIST] The US Supreme Court [official website] heard oral arguments [day call, PDF] in two cases on Monday. In Kiobel v. Royal Dutch Petroleum Co. [transcript; JURIST news archive], the court heard new arguments on whether three oil companies are immune from US lawsuits under the Alien Tort Statute of … [read more]


Legal News
10 Jul 2012
by Dan Taglioli

[JURIST] A coalition of environmental protection organizations sued the US Department of the Interior [official website], Interior Secretary Ken Salazar [official profile] and other officials on Tuesday in an effort to block offshore oil drilling by Royal Dutch Shell [corporate website] in Alaska's Beaufort and Chukchi Seas. The lawsuit [complaint, … [read more]


Student Commentary
3 Jul 2012

JURIST Senior Editor Kimberly Bennett, University of Pittsburgh School of Law Class of 2014, posits that human rights violations taking place in rural, economically disadvantaged communities are most likely to be reconciled through the harmonization of corporations and the locality they inhabit... (Her opinions are not intended to represent those … [read more]


Legal News
14 Jun 2012
by Rebecca DiLeonardo

[JURIST] The Obama administration on Thursday filed a brief [text, PDF] in the US Supreme Court [official website] asking the justices to limit corporate liability for human rights violations occurring overseas. The government argued that the court should dismiss the lawsuit in Kiobel v. Royal Dutch Petroleum Co. [docket]. The … [read more]


Legal News
11 Jun 2012
by Rebecca DiLeonardo

[JURIST] Victims of alleged torture and international law violations that took place overseas filed their supplemental brief [text, PDF] to the US Supreme Court [official website] Monday arguing that the Alien Tort Statute of 1789 (ATS) [text] is not limited to torts that occur in the US. The brief argues … [read more]


Legal News
19 Apr 2012
by Maureen Cosgrove

[JURIST] The US Supreme Court [official website] ruled unanimously [opinion, PDF] Wednesday in Mohamad v. Palestinian Authority [SCOTUSblog backgrounder] that political organizations including the Palestinian Authority and the Palestine Liberation Organization are immune from liability under the Torture Victims Protection Act of 1992 (TVPA) [text]. The petitioners, relatives of a … [read more]


Academic Commentary
22 Mar 2012

JURIST Guest Columnists Jennifer Green and Sahadev Gowda of the University of Minnesota Law School, say that corporations must be held accountable for international law violations through use of the Alien Tort Statute...Last month, the US Supreme Court heard oral arguments in the case of Kiobel v. Royal Dutch Petroleum. … [read more]


Legal News
5 Mar 2012
by Jaclyn Belczyk

[JURIST] The US Supreme Court announced Monday that they will rehear arguments [order, PDF] in Kiobel v. Royal Dutch Petroleum [docket], a case dealing with corporate liability for human rights violations occurring overseas. The court originally took the case in October and heard arguments [JURIST report] last week to determine … [read more]


Academic Commentary
2 Mar 2012

JURIST Contributing Editor Jordan Paust of the University of Houston Law Center says that while deciding Kiobel v. Royal Dutch Petroleum Company, the Supreme Court should be mindful of precedent that supports universal jurisdiction and corporate liability when it comes to human rights violations... Oral arguments in Kiobel v. Royal … [read more]


Legal News
29 Feb 2012
by Dan Taglioli

[JURIST] The US Supreme Court [official website] heard oral arguments [day call, PDF] in two cases on Tuesday. In Kiobel v. Royal Dutch Petroleum Co. [transcript; JURIST report], the court heard arguments on whether three oil companies are immune from US lawsuits under the Alien Tort Statute of 1789 (ATS) … [read more]

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