ATS Corporate Liability After Kiobel

Law360, New York (August 2, 2011, 2:07 PM EDT) -- Passed by the first Congress in 1789, the Alien Tort Statute (“ATS”), 28 U.S.C. § 1350, was enacted to enable district courts to grant 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.”

However, this obscure jurisdictional statute lay nearly dormant for almost 200 years until the United States Court of Appeals for the Second Circuit revived it in 1980, utilizing ATS jurisdiction to salvage the claims of...
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