Decided

No. 10-1491

Esther Kiobel, Individually and on Behalf of Her Late Husband, Dr. Barinem Kiobel, et al. v. Royal Dutch Petroleum Co., et al.

from the United States Court of Appeals for the Second Circuit

See other cases from the Second Circuit.

Docket Entries

Record returned to U.S.C.A. for 2nd Circuit.

Record returned to U.S.D.C. for Southern District of New York.

JUDGMENT ISSUED.

Adjudged to be AFFIRMED. Roberts, C. J., delivered the opinion of the Court, in which Scalia, Kennedy, Thomas, and Alito, JJ., joined. Kennedy, J., filed a concurring opinion. Alito, J., filed a concurring opinion, in which Thomas, J., joined. Breyer, J., filed an opinion concurring in the judgment, in which Ginsburg, Sotomayor, and Kagan, JJ., joined.

Argued. For petitioners: Paul L. Hoffman, Venice, Cal. For respondents: Kathleen M. Sullivan, New York, N. Y.; and Donald B. Verrilli, Jr., Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.)

Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.

Reply of petitioners Esther Kiobel, et al. filed. (Distributed)

Brief amicus curiae of Engility Corporation filed. (Distributed)

Brief amicus curiae of OTP Bank filed. (Distributed)

Brief amici curiae of Former State Department Legal Advisers filed. (Distributed)

Brief amici curiae of Washington Legal Foundation and Allied Educational Foundation filed. (Distributed)

Brief amici curiae of Chevron Corporation, et al. filed. (Distributed)

Brief amicus curiae of Cato Institute filed. (Distributed)

Brief amicus curiae of US-China Law Society filed. (Distributed)

Brief amicus curiae of Chamber of Commerce of the United States of America filed. (Distributed)

Brief amici curiae of Rio Tinto Group filed. (Distributed)

Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.

Brief amici curiae of Professors of International Law, et al. filed. (Distributed)

Brief amicus curiae of KBR, Inc. filed. (Distributed)

Brief amici curiae of BP America, et al. filed. (Distributed)

Brief amici curiae of National Foreign Trade Council, et al. filed. (Distributed)

Brief amici curiae of Professors Anthony J. Bellia Jr. and Bradford R. Clark filed. (Distributed)

Supplemental brief of respondents Royal Dutch Petroleum Co., et al. filed. (Distributed)

SET FOR REARGUMENT ON Monday, October 1, 2012.

CIRCULATED.

Brief amicus curiae of EarthRights International filed.

Brief amici curiae of Former United States Government Counterterrorism and Human Rights Officials filed.

Brief amici curiae of Certain Plaintiffs in In Re: Terrorists Attacks on September 11, 2001 in support of neither party filed.

Brief amici curiae of Eleven Jewish Former Residents of Iran Whose Family Members "Disappeared" filed.

Brief amici curiae of Professors of Legal History filed.

Brief amici curiae of International Human Rights Organizations filed.

Brief amici curiae of Institute for Human Rights and Business, et al. filed.

Brief amici curiae of International Law Scholars filed.

Brief amici curiae of South African Jurists Anton Katz, et al. filed.

Brief amici curiae of Abukar Hassan Ahmed, et al. filed.

Brief amicus curiae of Ambassador David Scheffer, Northwestern University School of Law filed.

Brief amicus curiae of Government of the Argentine Republic filed.

Brief amicus curiae of Yale Law School Center for Global Legal Challenges filed.

Brief amicus curiae of United States filed.

Brief amici curiae of Professor Alex-Geert Castermans (Leiden University), et al. filed.

Brief amici curiae of English Law Practitioners Martyn Day, et al. filed.

Brief amici curiae of The Governments of the Kingdom of the Netherlands, et al. filed.

Brief amici curiae of Australian International Law Scholars filed.

Brief amici curiae of Former United States Diplomats Diego Asencio, et al. filed.

Brief amicus curiae of Juan E. Mendez U.N. Special Rapporteur on Torture filed.

Brief amici curiae of Comparative Law Scholars, et al. filed.

Brief amici curiae of German Institute for Human Rights, et al. filed.

Brief amicus curiae of American Bar Association filed.

Brief amicus curiae of The Association of the Bar of the City of New York filed.

Brief amici curiae of Human Rights First, et al. filed.

Brief amici curiae of Victims of the Hungarian Holocaust filed.

Brief amici curiae of Genocide Victims of Krajina filed.

Brief amicus curiae of The Rutgers Law School Constitutional Litigation Clinic filed.

Brief amici curiae of Former UN Special Representative for Business and Human Rights, Professor John Ruggie, et al. filed.

Brief amici curiae of Professors of Legal History and Federal Jurisdiction, Martin Flaherty, and John V. Orth filed.

Brief amici curiae of Professors of Civil Procedure, et al. filed.

Brief amicus curiae of American Civil Liberties Union filed.

Brief amicus curiae of European Commission on Behalf of the European Union in support of neither party filed.

Brief amici curiae of Law of Nations Scholars supporting neither party filed.

Brief amici curiae of Volker Beck and Christoph Strasser, Members of Parliament of the Federal Republic of Germany filed.

Brief amicus curiae of Navi Pillay, the United Nations High Commissioner for Human Rights filed.

Supplemental brief of petitioners Esther Kiobel, et al. filed. (Distributed)

Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioners

Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the respondents.

The time to file petitioners' supplemental brief is extended to and including June 6, 2012.

The time to file respondents' supplemental brief is extended to and including August 1, 2012.

This case is restored to the calendar for reargument. The parties are directed to file supplemental briefs addressing the following question: �Whether and under what circumstances the Alien Tort Statute, 28 U.S.C. �1350, allows courts to recognize a cause of action for violations of the law of nations occurring within the territory of a sovereign other than the United States.� The supplemental brief of petitioners is due on or before Thursday, May 3, 2012. The supplemental brief of respondents is due on or before Monday, June 4, 2012. The reply brief is due on or before Friday, June 29, 2012. The time to file amicus curiae briefs is as provided for by Rule 37.3(a). The word limits and cover colors for the briefs should correspond to the provisions of Rule 33.1(g) pertaining to briefs on the merits rather than to the provision pertaining to supplemental briefs. (orders list)

Argued. For petitioners: Paul Hoffman, Venice, Cal.; and Edwin S. Kneedler, Deputy Solicitor General, Department of Justice, Washington, D.C. (for United States, as amicus curiae.) For respondents: Kathleen M. Sullivan, New York, N. Y.

Reply of petitioners Esther Kiobel, et al. filed. (Distributed)

Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. (orders list)

Brief amici curiae of Association of German Chambers of Industry and Commerce, et al. filed. (Distributed)

Brief amicus curiae of Product Liability Advisory Counsel, Inc. filed. (Distributed)

Brief amici curiae of Law Professors of Constitutional and Federal Procedure Law filed. (Distributed)

Brief amici curiae of International Law Professors filed. (Distributed)

Brief amicus curiae of Cato Institute filed. (Distributed)

Brief amici curiae of The Coca-Cola Company, et al. filed. (Distributed)

Brief amicus curiae of Chamber of Commerce of the United States of America filed. (Distributed)

Brief amici curiae of Chevron Corporation, et al. filed. (Distributed)

Brief amici curiae of BP America, et al. filed. (Distributed)

Brief amici curiae of Professors of International Law, et al. filed. (Distributed)

Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.

Brief amici curiae of Governments of the United Kingdom of Great Britain, et al. filed. (Distributed)

Brief amicus curiae of The Clearing House Association L.L.C. filed. (Distributed)

Brief amici curiae of Rio Tinto Group and Occidental Petroleum Corp. filed. (Distributed)

Brief amici curiae of National Foreign Trade Council, et al. filed. (Distributed)

Brief amicus curiae of The Federal Republic of Germany filed. (Distributed)

Brief amicus curiae of KBR, Inc. filed.

Brief of respondents Royal Dutch Petroleum Co., et al. filed. (Distributed)

Record received from U.S.D.C. for Southern District of New York. (3 boxes) The remainder of this record is electronic.

Record received from U.S.C.A. for 2nd Circuit. (1 Box). Portiions of this record are electronic.

CIRCULATED

Brief amicus curiae of the Rutherford Institute filed.

Brief amici curiae of Former United States Government Counterterrorism and Human Rights Officials filed.

Brief amici curiae of Nuremberg Historians and International Lawyers in support of neither party filed.

Brief amici curiae of Nuremberg Scholars Omer Bartov, et al. filed. VIDED.

Brief amicus curiae of Joseph E. Stiglitz filed. VIDED.

Brief amici curiae of Dr. Juan Romagoza Arce, et al. filed. VIDED.

Brief amicus curiae of The Brennan Center for Justice ar NYU School of Law filed.

Brief amici curiae of Civil Procedure Professors filed.

Brief amicus curiae of International Law Scholars filed.

Brief amicus curiae of American Federation of Labor and Congress of Industrial Organizations filed.

Brief amicus curiae of Navi Pillay, the United Nations High Commissioner for Human Rights filed.

Brief amici curiae of Professors of Legal History Barbara Aronstein Black, et al. filed.

Brief amici curiae of International Human Rights Organizations and International Law Experts filed.

Brief amici curiae of Former U.S. Senator Arlen Specter, et al. filed. VIDED.

Brief amicus curiae of United States filed. (Distributed)

Brief amicus curiae of EarthRights International filed.

Brief amicus curiae of Ambassador David Scheffer, Northwestern University School of Law filed.

Brief amici curiae of Law Professors of Civil Liberties and 42 U.S.C. - 1983 filed. VIDED.

Brief amicus curiae of Thomas J. Schoenbaum filed.

SET FOR ARGUMENT ON Tuesday, February 28, 2012.

Brief amicus curiae of Yale Law School Center for Global Legal Challenges filed. VIDED. (Distributed)

Brief of petitioners Esther Kiobel, et al. filed.

Joint appendix filed.

The time to file the joint appendix and petitioners' brief on the merits is extended to and including December 14, 2011.

The time to file respondents' brief on the merits is extended to and including January 27, 2012.

Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioners.

Consent to the fiiing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the respondents.

Petition GRANTED The case is to be argued in tandem with No. 11-88, Mohamad v. Rajoub. (orders list)

Motion for leave to file amicus brief filed by International Law Scholars GRANTED. (orders list)

DISTRIBUTED for Conference of October 14, 2011.

DISTRIBUTED for Conference of October 7, 2011.

Reply of petitioners Esther Kiobel, et al. filed. (Distributed)

DISTRIBUTED for Conference of September 26, 2011.

Brief of respondents Royal Dutch Petroleum Co., et al. in opposition filed.

Brief amici curiae of Nuremberg Scholars filed.

Motion for leave to file amici brief filed by International Law Scholars.

Brief amici curiae of Center for Constitutional Rights, et al. filed.

Brief amicus curiae of Ambassador David Scheffer, Northwestern University School of Law filed.

Order extending time to file response to petition to and including August 12, 2011.

Brief amici curiae of Professors of Legal History filed.

Petition for a writ of certiorari filed. (Response due July 13, 2011)

Application (10A1006) granted by Justice Ginsburg extending the time to file until June 6, 2011.

Application (10A1006) to extend the time to file a petition for a writ of certiorari from May 5, 2011 to June 4, 2011, submitted to Justice Ginsburg.

Parties

Esther Kiobel, et al., Petitioner, represented by Paul L. Hoffman

Royal Dutch Petroleum Co., et al., Respondent, represented by Rowan D. Wilson

Royal Dutch Petroleum Co., et al., Respondent, represented by Kathleen M. Sullivan

Amici Curiae

Abukar Hassan Ahmed, et al., Amicus Curiae, represented by Pamela S. Karlan

Ambassador David Scheffer, Northwestern University School of Law, Amicus Curiae, represented by David J. Scheffer

American Bar Association, Amicus Curiae, represented by William T. Robinson III.

American Civil Liberties Union, Amicus Curiae, represented by Steven R. Shapiro

American Federation of Labor and Congress of Industrial Organizations, Amicus Curiae, represented by Lynn K. Rhinehart

Association of German Chambers of Industry and Commerce, et al., Amicus Curiae, represented by Alan E. Untereiner

Australian International Law Scholars., Amicus Curiae, represented by Donald Kris Anton

BP America, et al., Amicus Curiae, represented by Paul D. Clement

Cato Institute, Amicus Curiae, represented by Owen C. Pell

Certain Plaintiffs in In Re: Terrorits Attacks on September 11, 2011 in support of neither party, Amicus Curiae, represented by Carter G. Phillips

Chamber of Commerce of the United States of America, Amicus Curiae, represented by Neal Kumar Katyal

Chevron Corporation, et al., Amicus Curiae, represented by Jack L. Goldsmith

Civil Procedure Professors, Amicus Curiae, represented by Agnieszka M. Fryszman

Comparative Law Scholars, et al., Amicus Curiae, represented by Vivian Grosswald Curran

Dr. Juan Romagoza Arce, et al., Amicus Curiae, represented by Andrea C. Evans

EarthRights International, Amicus Curiae, represented by Richard L. Herz

Eleven Jewish Former Residents of Iran Whose Family Members "Disappeared", Amicus Curiae, represented by Robert J. Tolchin

Engility Corporation, Amicus Curiae, represented by Ari Shlomo Zymelman

Esther Kiobel, Individually and on Behalf of Her Late Husband, Dr. Barinem Kiobel, et al. v. Royal Dutch Petroleum Co., et al., Amicus Curiae, represented by Edwin S. Kneedler

European Commission on Behalf of the European Union in support of neither party, Amicus Curiae, represented by Steven A. Reiss

Former United States Diplomats Diego Asencio, et al., Amicus Curiae, represented by Douglass W. Cassel

Former United States Government Counterterrorism and Human Rights Officials, Amicus Curiae, represented by Ruth Wedgwood

Former UN Special Representative for Business and Human Rights, Professor John Ruggie, et al., Amicus Curiae, represented by Vincent F. O'Rourke Jr.

Former U.S. Senator Arlen Specter, et al., Amicus Curiae, represented by William J. Aceves

Genocide Victims of Krajina, Amicus Curiae, represented by Robert J. Pavich

German Institute for Human Rights, et al., Amicus Curiae, represented by Richard R. Wiebe

Government of the Argentine Republic, Amicus Curiae, represented by Jonathan M. Miller

Governments of the United Kingdom of Great Britain, et al., Amicus Curiae, represented by Donald I Baker

Institute for Human Rights and Business, et al., Amicus Curiae, represented by Jennifer M. Green

International Human Rights Organizations, Amicus Curiae, represented by Katherine M. Gallagher

International Law Professors, Amicus Curiae, represented by Matthew J. Kemner

International Law Scholars, Amicus Curiae, represented by Ralph G. Steinhardt

Joseph E. Stiglitz, Amicus Curiae, represented by Michael D. Hausfeld

Juan E. Mendez U.N. Special Rapporteur on Torture, Amicus Curiae, represented by Deena R. Hurwitz

KBR, Inc., Amicus Curiae, represented by David B. Rivkin Jr.

Law of Nations Scholars supporting neither party, Amicus Curiae, represented by Anthony D'Amato

Law Professors of Civil Liberties and 42 U.S.C. - 1983, Amicus Curiae, represented by Penny M. Venetis

Law Professors of Constitutional and Federal Procedure Law, Amicus Curiae, represented by Richard A. Edlin

National Foreign Trade Council, et al., Amicus Curiae, represented by Seth P. Waxman

Navi Pillay, the United Nations High Commissioner for Human Rights, Amicus Curiae, represented by David Sloss

Nuremberg Historians and International Lawyers in support of neither party, Amicus Curiae, represented by Jonathan S. Massey

OTP Bank, Amicus Curiae, represented by Thomas G. Corcoran Jr.

Product Liability Advisory Counsel, Inc., Amicus Curiae, represented by Anne E. Cohen

Professor Alex-Geert Castermans (Leiden University), et al., Amicus Curiae, represented by Gary L. Bostwick

Professors Anthony J. Bellia Jr. and Bradford R. Clark, Amicus Curiae, represented by Christopher Julian Paolella

Professors of Civil Procedure, et al., Amicus Curiae, represented by Allan Ides

Professors of International Law, et al., Amicus Curiae, represented by Meir Feder

Professors of Legal History, Amicus Curiae, represented by Tyler Richard Giannini

Professors of Legal History and Federal Jurisdiction, Martin Flaherty, and John V. Orth, Amicus Curiae, represented by Frederick W. Morris

Professors of Legal History Barbara Aronstein Black, et al., Amicus Curiae, represented by Susan H. Farbstein

Rio Tinto Group and Occidental Petroleum Corp., Amicus Curiae, represented by Jonathan D. Hacker

South African Jurists Anton Katz, et al., Amicus Curiae, represented by Carol A. Sobel

The Association of the Bar of the City of New York, Amicus Curiae, represented by Stephen L. Kass

The Brennan Center for Justice ar NYU School of Law, Amicus Curiae, represented by Burt Neuborne

The Clearing House Association L.L.C., Amicus Curiae, represented by Andrew J. Pincus

The Coca-Cola Company, et al., Amicus Curiae, represented by Kristin Linsley Myles

The Federal Republic of Germany, Amicus Curiae, represented by Jeffrey Harris

the Rutherford Institute, Amicus Curiae, represented by John W. Whitehead

Thomas J. Schoenbaum, Amicus Curiae, represented by Thomas J. Schoenbaum

United States, Amicus Curiae, represented by Donald B. Verrilli Jr.

US-China Law Society, Amicus Curiae, represented by Sienho Yee

Volker Beck and Christoph Strasser, Members of Parliament of the Federal Republic of Germany, Amicus Curiae, represented by Judith Brown Chomsky

Washington Legal Foundation and Allied Educational Foundation, Amicus Curiae, represented by Richard A. Samp

Yale Law School Center for Global Legal Challenges, Amicus Curiae, represented by Oona A. Hathaway

 
Last updated: February 16, 2016