Tag Archives: Public Int’l Law

Seventh Circuit Agrees with D.C. Circuit Dissent that U.S. Citizens Must Be Able to Sue U.S. Officials for Alleged Torture Overseas

Vance, et al. v. Donald Rumsfeld and the United States of America, Nos. 10-1687, 10-2442 (7th Cir. Aug. 2011), alleges that Secretary of Defense Rumsfeld bears personal involvement and responsibility for alleges torture of U.S. citizens in Iraq.  The District … Continue reading

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Supreme Court Agrees To Resolve Deep Circuit Split and Decide If Alient Tort Statute Permits Actions Against Corporations

We have followed the development of federal Circuit law on whether the Alien Tort Statute, 28 U.S.C. § 1350, and specifically the Torture Victim Protection Act, 28 U.S.C. § 1350 note § 2(a), create rights of action against corporations.   The Supreme … Continue reading

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UK High Court Upholds Freedom of Contract Over Public Policy Inavlidation of “Anti-deprivation” Clauses in Standard Credit Default Swap Contract

Belmont Park Investments PTY Limited (Respondent) v. BNY Corporate Trustee Services Limited and Lehman Brothers Special Financing Inc (Appellant), 2011 UKSC 38 (Trinity Term July 2011), is a decision by the UK’s Supreme Court of England and Wales that involves … Continue reading

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D.C. Circuit Majority Holds That, There Being No New Cause of Action Created by Alient Tort Statue, No Claim Exists Against U.S. Officials Individually, Whereas, Says the Dissent, a Cause of Action in the U.S. Would Exist Against Non-U.S. Officials for the Same Conduct

Akran Mohammed Ali, et al. v. Rumsfeld, et al., No. 07-5178 (D.C.Cir. June 2011) (consol), is the appeal of an action by non-U.S. residents or citizens captured, held, and allegedly tortured by U.S. milatary personnel.  This decision affirms the District Court’s … Continue reading

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D.C. Circuit Upholds Dismissal of Claims Against Iran Precluded by the Algiers Accords; Circuit Now Silently Divided on Whether Section 1605A Does or Does Not Create Private Right of Action

Roeder, et al. v. Islamic Republic of Iran and the U.S., No. 10-5355 (D.C. Cir. July 2011), affirms the conclusion of the District Court.  We earlier posted on the District Court decision in this case.  It held that even the 2008 … Continue reading

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Seventh Circuit Joins Eleventh and D.C. Circuits in Finding Corporate Liability Available Under the Alien Tort Statute, Splitting with the Second Circuit in Kiobel

Biomah Flomo, et al. v. Firestone Natural Rubber Co., No. 10-3675 (7th Cir. July 2011), addresses the issue of corporate liability under the Alien Tort Statute, 28 U.S.C. § 1350 – an issue that has split the Circuits.  More interesting … Continue reading

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D.C. Circuit Holds that the Alien Tort Statute Applies to Corporations, Confirming Circuit Split with Second Circuit’s Kiobel Decision

John Doe VIII, et al. v. Exxon Mobil Corp., et al., No. 09-7125 (consolidated) (D.C. Cir. July 2011),  is a 112 page 2-1 majority decision analyzing the scope of claims under the Alien Tort Statute, 28 U.S.C. sec. 1350.  The … Continue reading

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Illinois Federal District Court Upholds ATS Claims Against Banks for Aiding and Abetting Genocide by Looting

Holocaust Victims of Bank Theft v. Magyar Nemzeti Bank, et al., No. 10 C 1884 (N.D. Ill. May 2011), addresses motions to dismiss filed by international banking institutions that allegedly “played a role in a wealth expropriation scheme involving the … Continue reading

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Second Circuit Follows Its Kiobel Decision; Assumes “Hypothetical” Subject Matter Jurisdiction; Affirms a Strict Rule for Finding Alter Ego Liability for an Instrumentality of a Non-U.S. Sovereign

Shan v. China Construction Bank Corp., No. 10-2992-cv (unpublished) involves claims by a resident alien of the U.S. against China Construction Bank for alleged torture in violation of the Torture Victim Protection Act (TVPA), 28 U.S.C. § 1350 note, as … Continue reading

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District Court in Eleventh Circuit Deepens the Circuit Conflict By Upholding Alient Tort Statute Claims Against Corporate Defendant

In re Chiquita Brands Int’l, Inc. Alient Tort Statute and Shareholder Derivative Litigation, Case No. 08-01916 (S.D.Fla June 2011), is multidistrict litigation of seven cases consolidated in the Southern District of Florida.   The opinion just rendered is the MDL court’s decision on … Continue reading

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