Jonathan Drimmer on the Aiding and Abetting Conundrum Under the Alien Tort Claims Act

In consolidated class actions filed against companies doing business in Apartheid South Africa, the district court, exemplifying one trend of cases, rejected the Alien Tort Claims Act (ATCA) claims, ruling that aiding and abetting was not cognizable under the Act. After the Second Circuit reversed and...

Drimmer on Sarei v. Rio Tinto, 550 F.3d 822 (9th Cir. 2008)

This commentary, discussing the Ninth Circuit’s decision in Sarei v. Rio Tinto , 550 F.3d 822 (9th Cir. 2008), and its implications, was prepared by Jonathan Drimmer, a partner at Steptoe & Johnson who practices in international and commercial litigation and advises corporations on issu es...

Drimmer & Ardito on Abdullahi v. Pfizer, Inc., 2009 U.S. App. LEXIS 1768 (2d Cir. Jan. 30, 2009)

On January 30, 2009, the Second Circuit reinstated a consolidated case filed by parents and guardians of Nigerian children against Pfizer, employing an analysis that indicates an increasing comfort in allowing ATCA cases to proceed where serious violations of international law may be at issue. This commentary...

Chowdhury v. Worldtel and Sinaltrainal v. Coca Cola

Two similar recent cases by courts construing and applying the Alien Tort Statute demonstrate that courts will strictly apply the recent pleading standards set forth by the Supreme Court in Ashcroft v. Iqbal, but that if those standards can be met, the case can result in a plaintiffs verdict. This Emerging...

Analysis: Supreme Court Rejects Alien Tort Claims Premised on Overseas Conduct in Kiobel v. Royal Dutch Petroleum

by Brittany Prelogar and Laura Ardito Summary: The Court limited Alien Tort claims for human rights violations on non-U.S. soil. Nigerians alleged Royal Dutch Petroleum and Shell Transport & Trading Company, of Holland and UK respectively, operating a joint-owned Nigerian subsidiary, aided...