Editor's Note :

Editor's Note :

At 9:30 a.m. on Monday we expect additional orders from the Court's November 25 Conference. On Tuesday, December 2, we expect one or more opinions in argued cases; we will begin live blogging at this link shortly before 10:00 a.m.

Rio Tinto PLC v. Sarei

Docket No. Op. Below Argument Opinion Vote Author Term
11-649 9th Cir. Not Argued Apr 22, 2013 TBD TBD OT 2012

Issue: (1) Whether U.S. courts should recognize a federal common law claim under the Alien Tort Statue (ATS) arising from conduct occurring entirely within the jurisdiction of a foreign sovereign, especially where the claim addresses the foreign sovereign’s own conduct on its own soil toward its own citizens; (2) whether U.S. courts should recognize a federal common law claim under the ATS based on aiding-and-abetting liability, even absent concrete factual allegations establishing that the purpose of the defendant’s conduct was to advance the principal actor’s violations of international law; (3) whether a plaintiff asserting a federal common law claim under the ATS addressed to conduct occurring entirely within the jurisdiction of a foreign sovereign must seek to exhaust available remedies in the courts of that sovereign before filing suit in the United States, as international and domestic law require; and (4) whether federal common law claims asserted under the ATS for violations of international human rights law norms may be brought against corporate entities.

Judgment: Granted, vacated, and remanded for further consideration in light of Kiobel v. Royal Dutch Petroleum. on April 22, 2013. (Kagan, J., recused.)

DateProceedings and Orders
Nov 23 2011Petition for a writ of certiorari filed. (Response due December 28, 2011)
Nov 23 2011Appendix of Rio Tinto PLC, et al. filed (Volumes I & II).
Dec 15 2011Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for petitioners,
Dec 27 2011Waiver of right of respondents Alexis Holyweek Sarei, et al. to respond filed.
Dec 28 2011DISTRIBUTED for Conference of January 13, 2012.
Dec 28 2011Motion for leave to file amici brief filed by Professors of International Law, Foreign Relations Law and Federal Jurisdiction. (Distributed)
Dec 28 2011Motion for leave to file amici brief filed by Washington Legal Foundation, et al. (Distributed)
Dec 28 2011Motion for leave to file amicus brief filed by Chamber of Commerce of the United States of America. (Distributed)
Dec 28 2011Motion for leave to file amici brief filed by Governments of Australia and the United Kingdom of Great Britain and Northern Ireland. (Distributed)
Jan 3 2012Supplemental brief of petitioners Rio Tinto PLC, et al. filed. (Distributed)
Jan 4 2012Response Requested . (Due February 3, 2012)
Feb 3 2012Brief of respondent Alexis Holyweek Sarei, et al. in opposition filed.
Feb 3 2012Motion for leave to file amici brief filed by National Foreign Trade Council, et al.
Feb 15 2012DISTRIBUTED for Conference of March 2, 2012.
Feb 15 2012Reply of petitioners Rio Tinto PLC, et al. filed. (Distributed)
Apr 17 2013DISTRIBUTED for Conference of April 19, 2013.
Apr 22 2013Motion for leave to file amici brief filed by Governments of Australia and the United Kingdom of Great Britain and Northern Ireland GRANTED. Justice Kagan took no part in the consideration or decision of this motion.
Apr 22 2013Motion for leave to file amici brief filed by Professors of International Law, Foreign Relations Law and Federal Jurisdiction GRANTED. Justice Kagan took no part in the consideration or decision of this motion.
Apr 22 2013Motion for leave to file amici brief filed by Washington Legal Foundation, et al. GRANTED. Justice Kagan took no part in the consideration or decision of this motion.
Apr 22 2013Motion for leave to file amicus brief filed by Chamber of Commerce of the United States of America GRANTED. Justice Kagan took no part in the consideration or decision of this motion.
Apr 22 2013Motion for leave to file amici brief filed by National Foreign Trade Council, et al. GRANTED. Justice Kagan took no part in the consideration or decision of this motion.
Apr 22 2013Petition GRANTED. Judgment VACATED and case REMANDED for further consideration in light of Kiobel v. Royal Dutch Petroleum Co., 569 U. S. ___ (2013). Justice Kagan took no part in the consideration or decision of this petition.
May 24 2013JUDGMENT ISSUED.
 
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