Supreme Court to Hear Case on Corporate Liability for Overseas Human Rights Abuses
The Supreme Court has stated that it will hear a case involving Royal Dutch Petroleum Co., Shell Petroleum Development Company of Nigeria, Ltd., and Shell Transport and Trading Company PLC. The case involves whether corporations are immune from tort liability under the Alien Tort Statute (ATS, 28 USC 1350) for violations of nations' laws, such as for torture, extrajudicial executions or genocide; or if corporations may be sued in the same manner as any other private party defendant under the ATS for such egregious violations.
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(The Court of Appeals for the Second Circuit dismissed the case against Shell in a September 2010 ruling on the grounds that the ATS does not confer jurisdiction over civil suits against corporations. Court of Appeals September 2010 ruling is available here.)