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International

Sep. 28, 2010

The Dawn of a Lawless New Era?

The 2nd Circuit has halted Alien Tort Statute litigation against corporations. Does this signal the start of a lawless era? By Caroline N. Mitchell and David L. Wallach of Jones Day.

By Caroline N. Mitchell and David L. Wallach

For the past 15 years, ambitious plaintiffs' lawyers have flocked to the Alien Tort Statute, drawn by the prospect of tapping a virtually untouched reservoir of clients worldwide while bringing high profile lawsuits based on explosive allegations of human rights abuses by foreign regimes and corporate complicity. On Sept. 17, in Kiobel v. Royal Dutch Shell, 2010 WL 3611392 (2d Cir. Sept. 17, 2010), t...

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