Presbyterian Church of Sudan v. Talisman Energy, Inc.

Linked with:

• Talisman Energy, Inc. v. Presbyterian Church of Sudan

Issue: (1) Whether federal common law tort principles or international law provides the standard for civil aiding and abetting or conspiracy liability under the Alien Tort Statute; (2) whether the mental element for civil aiding and abetting liability, under either federal common law or international law, permits liability based on a showing that the defendant knowingly provided substantial assistance to gross human rights violations, or whether a plaintiff must also show that the defendant had the intent to assist; and (3) whether ATS plaintiffs may assert conspiracy or joint criminal enterprise theories of liability based on federal common law or international law and, if so, whether, in the context of such joint action, ATS plaintiffs satisfy their burden of proof by demonstrating that the defendant knew of an illegal purpose of the joint criminal enterprise and was assisting to achieve that illegal purpose.

Briefs and Documents

Certiorari-stage documents

• Opinion below (2d Circuit)
• Petition for certiorari
• Brief in opposition
• Petitioners' reply
• Amicus brief of International Law Scholars William Aceves et al.
• Amicus brief of David Scheffer, director of International Center for Human Rights
• Amicus brief of EarthRights International
• Amicus brief of Nuremberg Scholars Omer Bartov et al.
• Amicus brief of the International Commission of Jurists et al.