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D.C. Circuit Upholds Dismissal of Claims against Iran Precluded by the Algiers Accords

Circuit Now Silently Divided on Whether Section 1605A Does or Does Not Create Private Right of Action By Louis M. Solomon Roeder, et al. v. Islamic Republic of Iran and the U.S. , No. 10-5355 (D.C. Cir. July 2011) [ enhanced version available to lexis.com subscribers / unenhanced version...

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...

UK High Court Upholds Freedom of Contract Over Public Policy Invalidation of “Anti-deprivation” Clauses in Standard Credit Default Swap Contract

By Louis M. Solomon Belmont Park Investments PTY Limited (Respondent) v. BNY Corporate Trustee Services Limited and Lehman Brothers Special Financing Inc (Appellant) , 2011 UKSC 38 (Trinity Term July 2011), is a decision by the UK's Supreme Court of England and Wales that involves two important...

D.C. Circuit Majority: No New Cause Of Action Created By Alien Tort Statute, So No Claim Exists Against U.S. Officials Individually

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

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...