Justices Likely Split On Alien Tort Law's Application Abroad

Law360, New York (October 1, 2012, 7:18 PM EDT) -- Questioning from U.S. Supreme Court justices on Monday indicated the court was closely divided as to whether the Alien Tort Statute covers actions on foreign soil, with Justice Anthony Kennedy likely to provide the swing vote, attorneys say.

The justices heard a rare second round of arguments in a suit brought by Nigerians accusing Netherlands-based Royal Dutch Shell PLC of helping the Nigerian military murder, rape and torture civilians. The Second Circuit found in 2010 that corporations cannot be held liable under the ATS, and the...
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