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Executive Branch Urges Second Circuit to Affirm Dismissal of ATS/TVPA Suit Against Former Mexican President Zedillo
On Monday, the Departments of Justice and State filed an amicus brief in the Second Circuit urging affirmance of a district court's dismissal of an ATS/TVPA lawsuit filed against former Mexican President... -
Government Opposes Disclosure of Force-Feeding Protocols; Detainees Respond
Two more developments in Aamer v. Obama, the force-feeding case on appeal before the D.C. Circuit. On December 30, the government filed its opposition to the detainees' motion for an order directing the... -
Robin Simcox on Why Terrorists Can't Always Be Prosecuted
Robin Simcox of the Henry Jackson Society in Britain writes in with the following thoughts on the difficulties of prosecuting terrorist suspects, a subject which he covered in this recent report: Preside... -
The D.C. Circuit's Opinion in the Bagram Habeas Petitions
On Christmas Eve, a three-judge panel of the D.C. Circuit handed down its opinion in a habeas appeal brought by three detainees held by the United States at Bagram Air Force Base's Parwan detention facil... -
A Cert Petition in Hedges v. Obama
It was filed two Mondays ago, evidently, in this long-running detention case; I've only seen the Westlaw version, which interested readers can access here. -
Abdullah Files His Reply-Brief Before the D.C. Circuit
As Raffaela previously noted, the case of Abdullah v. Obama is an exercise in "heel dragging and losing arguments." A brief refresher on the case: the legal saga started when Guantanamo detainee Hani Sal... -
Cert Petition Filed in Al Warafi v. Obama
Shortly before Christmas, counsel for Guantanamo detainee Mukhtar Yahia Naji Al Warafi filed a petition for a writ of certiorari in his habeas petition, having been denied earlier this year an en banc re... -
The ATA Amendment and Congressional Earmarks for Plaintiffs' Lawyers
When President Obama signed the NDAA of 2014 yesterday, the Act did not include the amendment to the Anti-Terrorism Act, about which I posted earlier this month that would have allowed suits by non-US na... -
Al Laithi Reply Brief Before the D.C. Circuit: Defining the Scope of Employment
In response to the government's brief, counsel for the Plaintiffs in Al Laithi v. Rumsfeld et. al. filed a reply brief on Dec. 18th. (The Plaintiffs---all former Guantanamo detainees---allege various a... -
More Kiobel Fall-out: Foreign Defendants Dismissed from ATS Apartheid Case But Ford and IBM Remain (for now)
The second day of Christmas has brought glad tidings for two defendants in the longest-running of all major ATS cases: earlier today, Judge Scheindlin dismissed the last two foreign corporate defendants ... -
D.C. Circuit Dismisses Bagram Habeas Petitions
This Christmas Eve opinion, authored by Circuit Judge Karen LeCraft Henderson for a three-judge panel composed of Judge Thomas B. Griffith and Senior Circuit Judge Stephen F. Williams, affirms the distri... -
Undeterred by Kiobel, Ninth Circuit Allows Doe v Nestle ATS Claims to Continue
On December 19, a panel of the Ninth Circuit issued a brief order in the long-running Doe v. Nestle case, vacating a September 2010 district court decision dismissing ATS and TVPA claims brought by natio...
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