U.S. Supreme Court,
International Law,
Corporate,
Civil Litigation
Jul. 17, 2020
Last days of judicial imperialism?
The U.S. Supreme Court’s recent grants of certiorari in two cases could significantly clarify the scope of the Alien Tort Statute — and give the court a new opportunity to rein in the expansive view of the ATS that has made the federal courts a magnet for international human rights litigation having little if anything to do with the United States.
Christopher J. Lovrien
Partner
Jones Day
Email: cjlovrien@jonesday.com
Harvard Univ Law School; Cambridge MA
Christopher is a business litigator who serves as partner-in-charge of Jones Day's California Region.
Rajeev Muttreja
Partner
Jones Day
Emily Goldberg-Knox
Associate
Jones Day
In recent decades, the Alien Tort Statute has spawned a steady stream of litigation by foreign citizens in federal courts for alleged injuries in foreign countries at the hands of foreign actors. The ATS -- enacted in 1789, but largely unused until the late 20th century -- confers federal jurisdiction over "any civil action by an alien for a tort only, committed in violation of the law of nations or a treaty of the United States." This single sentence of text leaves m...
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