Tags » Alien Tort Statute

The ATS, the FCPA, and Being Thankful for Criminal & Civil Liability

In a recent post, Matthew teased out a counterintuitive worry that has bothered FCPA supporters in recent years — the fear that increased enforcement against individuals might actually be… 951 more words


Are American Companies Liable for Torts Committed Abroad?

Author: Chris Gant, Associate Member, University of Cincinnati Law Review

In Ogoniland, Nigeria, environmentally concerned protestors were beaten, raped, and killed for demonstrations opposing aggressive oil development in the Ogoni Niger River Delta. 2,000 more words

Student Contributor Articles

Mwani v. Al Qaeda

A federal magistrate judge issued a noteworthy decision yesterday in Mwani v. Al Qaeda—a case filed several years ago by victims of the 1998 truck bombing of the U.S. 572 more words

U.S. Foreign Relations Law

Arab Bank Case Sets Limited Precedent

On Monday September 22, 2014, a jury in the US District Court of Brooklyn found that the Arab Bank is liable for financing terrorism. This is the first jury trial to find a bank liable for financing terrorism under the 1990 Anti-Terrorism Act (ATA). 1,006 more words

International Human Rights Law

murrankerschensteiner reblogged this on Murran Kerschensteiner and commented:

Great analysis from Intl Law Grrls of the asymmetry in the US between the non-justiciability of claims against the Israeli state versus the permissibility of claims against Palestine, based on its non-State status and terrorist designation. The article concerns the US's vast terrorism legislation and the available options for victims of terrorist acts, particularly in Israel and Palestine. The case in question concerns a US District Court's ruling that the Arab Bank is guilty of financing terrorism - observers hope that it will serve as a precedent for suing US or Israeli banks for allowing the expansion of the settlements in the West Bank, though this seems unlikely.

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 business 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 trend that has emerged in alien tort statute (“ATS”) cases, post- 3,578 more words

Alien Tort Statute