In deciding whether corporations can be held liable for human rights abuses abroad under the Alien Tort Statute (ATS) in Jesner v. Arab Bank, No. 16-499, the U.S. Supreme Court will likely need to take another look at its narrow 2013 decision in Kiobel v. Royal Dutch Petroleum, 621 F.3d 111, and decide whether it’s time to expand on it.
In September 2010, the Second Circuit held in Kiobel that corporations could not be held liable under the ATS.
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