Last week, in a case watched closely by multinational employers, the Supreme Court heard arguments in an appeal taken from the Second Circuit’s 2010 decision Kiobel v. Royal Dutch Petroleum.1 There, the U.S. Court of Appeals for the Second Circuit held that corporations cannot be held liable under the federal Alien Tort Statute (ATS)2 for alleged overseas violations of international law.
During the past 30 years, the ATS has increasingly been used by international trade unions and human rights organizations as a vehicle to file federal lawsuits against global employers alleging violations of international law against overseas employees and a diverse array of other plaintiffs, including members of indigenous tribes in remote parts of the world.
Judicial Restraint
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