Addressing Emerging Issues In ATS Litigation

Law360, New York (January 12, 2012, 3:57 PM EST) -- On Oct. 25, 2011, the United States Court of Appeals for the Ninth Circuit, sitting en banc, decided Sarei v. Rio Tinto PLC[1], the latest in a series of significant federal appellate decisions addressing the scope of jurisdiction and potential liability under the Alien Tort Statute (ATS), which provides that “the district courts shall have original jurisdiction of 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.”[2]

The ATS was...
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