Kiobel v. Royal Dutch Petroleum

Docket No., 10-1491

Editors Note: On March 5, 2012, the Court ordered re-argument in Kiobel v. Royal Dutch Petroleum Co. When the October Term 2012 calendar is made available, we will move these briefs to it and add the supplemental briefs as they are filed with the Court.

Questions Presented

1. Whether the issue of corporate civil tort liability under the Alien Tort Statute ("ATS"), 28 U.S.C. § 1350, is a merits question, as it has been treated by all courts prior to the decision below, or an issue of subject matter jurisdiction, as the court of appeals held for the first time.

2. Whether corporations are immune from tort liability for violations of the law of nations such as torture, extrajudicial executions or genocide, as the court of appeals decisions provides, or if corporations may be sued in the same manner as any other private party defendant under the ATS for such egregious violations, as the Eleventh Circuit has explicitly held.


Merit Briefs

Amicus Briefs