Michael M. Shea Personal Injury Law Blog on Lawyers.com

Alien Torts Headed for the Supreme Court: Corporate Liability

Tuesday, February 7, 2012 by Michael M. Shea

Later this month, the United States Supreme Court will be
hearing oral arguments for the liability of Corporations under the Alien Tort
Statute for the case of Kiobel v. Royal
Dutch Petroleum. The decision to
take the case is in response to a circuit split.

The Alien Tort Statute (ATS) is a statute that grants
Federal District Courts jurisdiction to hear tort actions and has been
operational since the Judiciary Act of 1789.
The ATS provides for aliens to sue in United States Courts for breaches
in international law that are “specific, universal, and obligatory.” An example of a case brought under the ATS is
the civil suit against Charles Taylor, former brutal Liberian President and
dictator. Taylor was sued in United
States District Court after being convicted criminally, and a default judgment
was entered in the amount of $22 million dollars.

The current question before the court is whether
corporations may be sued under the ATS for violations of international
law. The Second Circuit (the Court which
this case is on appeal from) has answered the question in the negative, holding
that corporations may not be sued under the ATS for violations of international
law.

Oral arguments of this case will take place on February 28,
2012, and a decision is expected to be handed down sometime around June 2012.

For more information, please see sources: http://www.csrandthelaw.com/2011/10/articles /litigation/alien-tort-statute/supreme-court-to-review-corporate-liability-under-the-alien-tort-stat ute/
and http://en.wikipedia.org/wiki/Alien 5;Tort_Statute.

Shea
& Shea is a nationally recognized personal injury law firm located in
San Jose, California. The firm has extensive experience in representing
individuals and their families in cases involving catastrophic injuries
including wrongful
death and traumatic brain
injury. Since 1966, Shea & Shea have successfully represented the
seriously injured and their families in both state and federal
courts. To learn more, visit us at www.Shea-Shea.com or telephone 888-989-SHEA.