Courts & Litigation Foreign Relations & International Law

Corporate Liability Under the Alien Tort Statute Returns to Supreme Court in Jesner v. Arab Bank

Kenneth Anderson
Monday, April 10, 2017, 10:00 AM

On Monday, April 3, the Supreme Court agreed to hear a new Alien Tort Statute case, Jesner v. Arab Bank, No. 16-499.

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On Monday, April 3, the Supreme Court agreed to hear a new Alien Tort Statute case, Jesner v. Arab Bank, No. 16-499. The sole question for consideration is whether the ATS "categorically forecloses corporate liability." Although I'm sure John Bellinger and other Lawfare contributors will have more to say (particularly given Lawfare's extensive ATS coverage over the years, including our discussion of Jesner v. Arab Bank in the lower courts in 2015). Because there are so many issues pressing for Lawfare coverage these days, however, I wanted to be sure this new ATS case was not overlooked.

Adam Liptak summarizes the case and background facts in the New York Times; Brent Kendall likewise in the Wall Street Journal. Julian Ku gives a quick, useful take on the legal issues and background, including the relationship of this case to the earlier 2013 Kiobel ruling in a post at Opinio Juris. The SCOTUSblog coverage of the case, including proceedings and filings, is here.

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Kenneth Anderson

Kenneth Anderson

@kennethanderson
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Kenneth Anderson is a professor at Washington College of Law, American University; a visiting fellow of the Hoover Institution; and a non-resident senior fellow of the Brookings Institution. He writes on international law, the laws of war, weapons and technology, and national security; his most recent book, with Benjamin Wittes, is "Speaking the Law: The Obama Administration's Addresses on National Security Law."

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