The U.S. Court of Appeals for the Second Circuit upheld a decision to dismiss the terrorism financing suits that thousands of non-citizens filed against Arab Bank, while suggesting the U.S. Supreme Court might allow for corporate liability under the Alien Tort Statute.
Judge Robert Sack, writing for the circuit on Tuesday, said a pivotal ruling for the Arab Bank litigation—Kiobel I, a 2010 Second Circuit decision foreclosing corporate liability under the Alien Tort Statute—”is and remains the law of this circuit” despite a Supreme Court affirmance of Kiobel on other grounds.
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