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D.C. Circuit Majority Holds That, There Being No New Cause of Action Created by Alien Tort Statute

By: Louis M. Solomon No Claim Exists Against U.S. Officials Individually, Whereas, Says the Dissent, a Cause of Action in the U.S. Would Exist Against Non-U.S. Officials for the Same Conduct Akran Mohammed Ali, et al. v. Rumsfeld, et al. , No. 07-5178 (D.C.Cir. June 2011) [ enhanced version available...

Court Dismisses Both “Foreign Cubed” as Well as “Foreign Squared” Securities Claims Based on Morrison

In the absence of appellate guidance, District Courts continue to apply or expand the ruling of Morrison v. National Australia Bank Ltd. , No. 08-1191 (June 24, 2010) [ enhanced version available to lexis.com subscribers / unenhanced version available from lexisONE Free Case Law ], the first "foreign...

Spanish War Ship Sunk Since 1804, and Its Cargo, Immune from Suit in U.S. Under FSIA

By Louis M. Solomon Odessey Marine Exploration, Inc. v. The Unidentified Shipwrecked Vessel, et al. , No. 10-10269 (11th Cir. Sept. 2011) [ enhanced version available to lexis.com subscribers / unenhanced version available from lexisONE Free Case Law ], offers a glimpse into the fascinating world...

Supreme Court Agrees To Resolve Deep Circuit Split and Decide If Alien Tort Statute Permits Actions against Corporations

By Louis M. Solomon We have followed the development of federal Circuit law on whether the Alien Tort Statute, 28 U.S.C. § 1350, and specifically the Torture Victim Protection Act, 28 U.S.C. § 1350 note § 2(a), create rights of action against corporations. The Supreme Court has agreed...