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... Read More
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... Read More
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... Read More
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... Read More