Clik here to view.
That did not take long! DaimlerChrysler v Bauman may clarify Kiobel –...
When I said here that ATS cases might end up at the USSC again, I did not think less than a week later: on Monday, the USSC granted certiorari in DaimlerChrysler AG v Bauman. The issue as summarised...
View ArticleClik here to view.
USSC rejects US jurisdiction in Daimler v Bauman. General jurisdiction not...
The United States Supreme Court on 14 January rejected US jurisdiction in Daimler v Bauman. See previous posting on this case here and ultra-short reference here. Chief Justice Roberts’ and concurring...
View ArticleClik here to view.
A death prolonged or hope renewed? The ‘Apartheid’ twist to Kiobel and the ATS.
In Kiobel, the USSC /SCOTUS held on the basis of extraterritoriality: under what circumstances may US courts recognize a cause of action under the Alien Torts Statute, for violations of the law of...
View ArticleClik here to view.
‘Apartheid’ dismissed and Al-Shimari distinguished: The bar is high for the...
For readers unfamiliar with earlier posts on the Alien Torts Statute and its role in the corporate social responsibility debate, the title of this piece may sound like gobbledygook. Review of the...
View ArticleClik here to view.
Doe v Nestle and Tiffany v China Merchants Bank et al: The concertina effect...
I may yet have to insert a special category ‘ATS’ in the ‘Categories’ on the right hand side of this blog. Distinguishing, and precedent application alike keep on stretching cq enforcing the USCC’s...
View ArticleClik here to view.
Just did not do it. USCA confirms strict attributability test in Ranza v Nike.
In Ranza v Nike, the Court of Appeal for the ninth circuit confirmed the high hurdle to establish personal jurisdiction over foreign corporations in the US, following the Supreme Court’s decisions in...
View ArticleClik here to view.
SCOTUS holding in Bristol-Myers Squibb BMS further restricts personal...
I have reported before (search tag ‘CSR’ or ‘ATS) on the personal jurisdiction cases in US litigation. The United State Supreme Court this morning held in Bristol-Meyers Squibb, BMS for short. For...
View Article
