Editor's Note :

Editor's Note :

We expect orders from the March 24 conference on Monday at 9:30 a.m. There is a possibility of opinions on Tuesday, March 28 and Wednesday, March 29.
On Monday the court hears oral argument in Advocate Health Care Network v. Stapleton. Ronald Mann has our preview.
On Monday the court also hears oral argument in TC Heartland LLC v. Kraft Foods Group Brands LLC. Ronald Mann has our preview.

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
 
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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.

Plain English Summary:

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

Briefs and Documents

Certiorari-stage documents

Term Snapshot
Awards