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Court Rejects Pfizer Appeal Of Nigerians' Lawsuits

WASHINGTON, D.C. - (AP) The Supreme Court is staying out of a dispute between Nigerian families and Pfizer, Inc., over the drug maker's use of a new antibiotic on children during a deadly outbreak of meningitis in the mid-1990s. The justices on Tuesday rejected the pharmaceutical giant's appeal...

Supreme Court Denies Pfizer Certiorari In Trovan Experiment Case

WASHINGTON, D.C. - (Mealey's) The U.S. Supreme Court on June 29 rejected Pfizer Inc.'s petition for a writ of certiorari involving the claims of Nigerians allegedly injured during a 1996 Trovan clinical trial in their country, allowing the claims to go to trial in the United States ( Pfizer Inc...

Pfizer Petition for Certiorari Denied by U.S. Supreme Court In Trovan Nigerian Clinical Trial Case

WASHINGTON, D.C. - (Mealey's) The U.S. Supreme Court on June 29 rejected Pfizer Inc.'s petition for a writ of certiorari involving the claims of Nigerians allegedly injured during a 1996 Trovan clinical trial in their country, allowing the claims to go to trial in the United States ( Pfizer Inc...

Talisman Energy and the Alien Tort Statute: The Continuing Threat of Secondary Liability

Two recent cases, Abecassis v. Wyatt , 2010 U.S. Dist. LEXIS 32731, and Lev v. Arab Bank , PLC, 2010 U.S. Dist. LEXIS 16887, highlight the enduring enigmatic nature of the "purpose" standard for proving an ATS violation set forth in Presbyterian Church of Sudan v. Talisman Energ , 582 F...

Jonathan Drimmer on Kiobel v. Royal Dutch Shell Petroleum Co. and the Alien Tort Statute

In this Emerging Issues commentary, Jonathan Drimmer, a partner at Steptoe & Johnson LLP in Washington, D.C., discusses a decision by the US Court of Appeals for the Second Circuit, Kiobel v. Royal Dutch Petroleum Co., 621 F.3d 111 (2d Cir. 2010) . The decision deals with whether the Alien Tort Statute...

The Alien Tort Statute - A Viable Tool To Sue Corporate Defendants?

In this Emerging Issues commentary, Jonathan Drimmer, a partner at Steptoe & Johnson LLP in Washington, D.C., discusses a decision by the US Court of Appeals for the Second Circuit, Kiobel v. Royal Dutch Petroleum Co., 621 F.3d 111 (2d Cir. 2010) . The decision deals with whether the Alien Tort Statute...

D.C. Circuit Holds that the Alien Tort Statute Applies to Corporations, Confirming Circuit Split with Second Circuit’s Kiobel Decision

By Louis M. Solomon John Doe VIII, et al. v. Exxon Mobil Corp., et al. , No. 09-7125 (consolidated) (D.C. Cir. July 2011) [ enhanced version available to lexis.com subscribers / unenhanced version available from lexisONE Free Case Law ], is a 112 page 2-1 majority decision analyzing the scope...

D.C. Circuit Expands Federal Court Jurisdiction Over Foreign Activities Of U.S. Companies

By: Mark E. Nagle , Julie Mendoza , Donald B. Cameron, Jr. , Jeff M. Cohen The ruling by the U.S. Court of Appeals for the D.C. Circuit in Doe v. Exxon Mobil Corporation [ enhanced version available to lexis.com subscribers / unenhanced version available from lexisONE Free Case Law ] allows non-U...

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...

Fulbright Briefing: 9th Circuit Weighs in on Corporate Liability and Exhaustion Under the Alien Tort Statute

A recent Ninth Circuit decision reiterated that corporations may be held liable under the Alien Tort Statute ("ATS") and clarified that the availability of relief under the ATS may rely on exhaustion of local remedies. On October 25, 2011, a divided eleven member en banc panel of the Ninth...

Sheppard Mullin Alert-Ninth Circuit Latest to Permit Corporate Liability Under Alien Tort Statute; Supreme Court to Resolve Circuit Split in 2012

In Sarei v. Rio Tinto, PLC , Nos. 02-56256, 02-56390, 09-56381, 2011 WL 5041927 (9th Cir. Oct. 25, 2011), the United States Court of Appeals for the Ninth Circuit became the latest Circuit to hold that corporations may be held liable under the Alien Tort Statute ("ATS"), 28 U.S.C. § 1350...

Kiobel v. Royal Dutch Petroleum: U.S. Supreme Court Considers Corporate Liability under Alien Tort Statute for Extraterritorial Human Rights Claims

by Brittany Prelogar, Laura Ardito and Jeanne Cook Kiobel v. Royal Dutch Petroleum Co. is before the U.S. Supreme Court. At issue is whether corporations can be held liable under the Alien Tort Statute which permits aliens to file suit in U.S. federal courts for violations of customary international...

Kiobel v. Royal Dutch Petroleum: U.S. Supreme Court Considers Corporate Liability under Alien Tort Statute for Extraterritorial Human Rights Claims

by Brittany Prelogar, Laura Ardito and Jeanne Cook Kiobel v. Royal Dutch Petroleum Co. is before the U.S. Supreme Court. At issue is whether corporations can be held liable under the Alien Tort Statute which permits aliens to file suit in U.S. federal courts for violations of customary international...

Fulbright Briefing: Supreme Court Holds That Alien Tort Statute Does Not Have Extraterritorial Jurisdiction

On April 17, 2013, the United States Supreme Court held that the Alien Tort Statute ("ATS") does not have extraterritorial jurisdiction in a 9-0 decision in Kiobel v. Royal Dutch Petroleum Co. [lexis.com subscribers can view the enhanced opinion and the briefs in this case.] The ATS provides...