Kiobel v. Royal Dutch Petroleum

Today, the Supreme Court, in an opinion by Chief Justice Roberts, held that a citizen of a foreign country who is abused by a foreign corporation in a foreign country cannot sue in a U.S. Court under the Alien Tort Statute because, basically, multinational corporations are very different than pirates.

After Citizens United, we knew that corporations are people. We’re learning what kind of people they are (not pirates). Yet to be decided is whether you’d want to invite them to a dinner party. Or whether they’d accept.

How did we get here?

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* “This case has nothing to do with the United States.” We’d normally let that slide because of this law from 1789, but now the Supreme Court is suddenly skeptical about the validity of the Alien Tort Claims Act. [Reuters]

* “Why are we being punished for Dewey & LeBoeuf?” Come to think of it, former employees at the failed firm are probably wondering the exact same thing as the fictional characters on “The Good Wife.” [WSJ Law Blog]

* Reduce, reuse, and recycle your claims? New York Attorney General Eric Schneiderman filed suit against JPMorgan, alleging that the bank’s Bear Sterns business defrauded mortgage-bond investors. [Bloomberg]

* A man of many firsts: Randall Eng, the first Asian judge in the state, was appointed to lead New York’s Second Department as presiding justice, the first Asian-American to serve in the position. [New York Law Journal]

* UC Irvine Law is planning a six-week summer camp for in-house counsel. They’re calling it the Center for Corporate Law, but Mark Herrmann’s “General Counsel University” has a nicer ring to it. [National Law Journal]

* Why shouldn’t you get a dual JD/MBA? Because hiding out in school for another year isn’t going to save you from all of the extra debt you’ve incurred earning yet another degree. [Law Admissions Lowdown / U.S. News]

As the Chief Justice announced at the start of today’s session of the Supreme Court, October Term 2011 is concluded; October Term 2012 has commenced.

And what a commencement it was. Stars of the Supreme Court bar flooded into One First Street N.E. to welcome the start of the term — and also because of the massive amount of corporate amicus work brought on by Kiobel v. Royal Dutch Petroleum.

Tom Goldstein, celebrating the ten-year anniversary of the invaluable SCOTUSblog, parked himself at the front of the lawyer’s lounge, resplendent in a pink shirt and pink tie — like Regis Philbin’s wardrobe, but in a way that worked for a lawyer.

There were two cases up for argument today. One involved whether you can sue a company with a U.S. subsidiary for very bad things it does in cahoots with the Nigerian government. The other was over the scope of federal admiralty jurisdiction….

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What business does a case like that have in the courts of the United States?

– Justice Samuel Alito, during today’s oral arguments in Kiobel v. Royal Dutch Petroleum. The case will determine whether the 223-year-old Alien Tort Statute allows corporations to be sued in U.S. courts for violations of international law. You can view the entire argument transcript on the SCOTUS website.