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The Presumption Against Extraterritoriality vs. the U.S.'s Jurisdiction Over Invasions of its Neutral Rights: Can Chiquita and Balintulo Be Reconciled with the 18th Century Case Law on Extraterritorial Jurisdiction?

In a 2-1 decision issued last month, the Eleventh Circuit granted Chiquita’s motion to dismiss Cardona v. Chiquita Brands Int’l, Inc., a longstanding ATS case brought by four thousand Colombians alleging that, as part of its┬ábusiness operations in Colombia, Chiquita supervised and supplied a campaign of torture and murder conducted by Colombian terrorist organizations. 4,068 more words

Alien Tort Statute

US Court Says Colombians Cannot Sue Chiquita

A US appeals court has dismissed a lawsuit against banana grower Chiquita brought by at least 4,000 Colombians who accused the company of supporting paramilitary forces who killed or tortured their relatives. 372 more words


Post-Kiobel, the Lower Courts Are Only Pretending to Apply the Presumption Against Extraterritoriality in Alien Tort Statute Cases

In its recently released decision in Al Shimari v. CACI International (4th Cir. 2014), the Fourth Circuit followed a recent┬átrend that has emerged in alien tort statute (“ATS”) cases, post- 3,578 more words

Alien Tort Statute