Kiobel v. Royal Dutch Petroleum
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 10-1491 | 2d Cir. | Oct 1, 2012 | Apr 17, 2013 | 9-0 | Roberts | OT 2012 |
Disclosure: Goldstein & Russell, P.C. represents Achmed et al. and the Center for Justice and Accountability as amici curiae in support of the petitioners.
Holding: The presumption against the extraterritorial application of U.S. law applies to claims under the Alien Tort Statute, and nothing in the text, history, or purposes of the statute rebuts that presumption.
Judgment: Affirmed, 9-0, in an opinion by Chief Justice Roberts on April 17, 2013. Justice Kennedy filed a concurring opinion. Justice Alito filed a concurring opinion, in which Justice Thomas joined. Justice Breyer filed an opinion concurring in the judgment, in which Justice Ginsburg, Justice Sotomayor, and Justice Kagan joined.
SCOTUSblog Coverage
- SCOTUS for law students: Rearguments (Stephen Wermiel, October 31, 2014)
- Commentary: Why the Court unanimously jettisoned thirty years of lower court precedent (and what that can tell us about how to read Kiobel) (Meir Feder, April 19, 2013)
- Kiobel commentary: An ATS answer with many questions (and the possibility of a brave new world of transnational litigation) (Donald Childress, April 18, 2013)
- Kiobel Commentary: The door remains open to “foreign squared” cases (Oona Hathaway, April 18, 2013)
- Kiobel commentary: Answers ... and more questions (Kristin Linsley Myles and James Rutten, April 18, 2013)
- Commentary: What's left of the Alien Tort Statute? (Anton Metlitsky, April 18, 2013)
- Commentary: Door still open for human rights claims after Kiobel (Katie Redford, April 17, 2013)
- Opinion recap: Backing off of human rights cases (Lyle Denniston, April 17, 2013)
- Piracy and the Court -- Act II (Lyle Denniston, October 21, 2012)
- Yesterday at the Court: Photos from the Plaza after Kiobel (Kali Borkoski, October 2, 2012)
- Argument recap: In search of an ATS compromise (Lyle Denniston, October 1, 2012)
- Kiobel v. Royal Dutch Petroleum: What’s at stake, and for whom? (Kali Borkoski, September 30, 2012)
- Argument preview: Will an old law shrink? (Lyle Denniston, September 27, 2012)
- Online symposium: Kiobel v. Royal Dutch Petroleum (Kali Borkoski, July 6, 2012)
- Kiobel: Made simple (Lyle Denniston, July 6, 2012)
- U.S. urges narrowing human rights claims (Lyle Denniston, June 13, 2012)
- Kiobel to be expanded and reargued (Lyle Denniston, March 5, 2012)
- Argument recap: Downhill, from the start (Lyle Denniston, February 28, 2012)
- SCOTUS for law students (sponsored by Bloomberg Law): Torture and jurisdiction (Stephen Wermiel, February 27, 2012)
- Academic round-up (Amanda Frost, February 27, 2012)
- Argument preview: Human rights abuses and the law (Lyle Denniston, February 25, 2012)
- Plain English: Recent grants (Amy Howe, November 6, 2011)
- Court to rule on suing corporations and PLO (UPDATED) (Lyle Denniston, October 17, 2011)
| Date | Proceedings and Orders |
|---|---|
| Apr 12 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. |
| Apr 14 2011 | Application (10A1006) granted by Justice Ginsburg extending the time to file until June 6, 2011. |
| Jun 6 2011 | Petition for a writ of certiorari filed. (Response due July 13, 2011) |
| Jun 17 2011 | Brief amici curiae of Professors of Legal History filed. |
| Jul 7 2011 | Order extending time to file response to petition to and including August 12, 2011. |
| Jul 12 2011 | Brief amicus curiae of Ambassador David Scheffer, Northwestern University School of Law filed. |
| Jul 13 2011 | Brief amici curiae of Center for Constitutional Rights, et al. filed. |
| Jul 13 2011 | Brief amici curiae of Nuremberg Scholars filed. |
| Jul 13 2011 | Motion for leave to file amici brief filed by International Law Scholars. |
| Aug 12 2011 | Brief of respondents Royal Dutch Petroleum Co., et al. in opposition filed. |
| Aug 24 2011 | DISTRIBUTED for Conference of September 26, 2011. |
| Sep 2 2011 | Reply of petitioners Esther Kiobel, et al. filed. (Distributed) |
| Oct 3 2011 | DISTRIBUTED for Conference of October 7, 2011. |
| Oct 11 2011 | DISTRIBUTED for Conference of October 14, 2011. |
| Oct 17 2011 | Motion for leave to file amicus brief filed by International Law Scholars GRANTED. |
| Oct 17 2011 | Petition GRANTED The case is to be argued in tandem with No. 11-88, Mohamad v. Rajoub. |
| Nov 15 2011 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioners. |
| Nov 15 2011 | Consent to the fiiing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the respondents. |
| Nov 16 2011 | The time to file the joint appendix and petitioners' brief on the merits is extended to and including December 14, 2011. |
| Nov 16 2011 | The time to file respondents' brief on the merits is extended to and including January 27, 2012. |
| Dec 14 2011 | Joint appendix filed. |
| Dec 14 2011 | Brief of petitioners Esther Kiobel, et al. filed. |
| Dec 16 2011 | Brief amicus curiae of Yale Law School Center for Global Legal Challenges filed. VIDED. (Distributed) |
| Dec 19 2011 | SET FOR ARGUMENT ON Tuesday, February 28, 2012. |
| Dec 20 2011 | Brief amicus curiae of EarthRights International filed. |
| Dec 20 2011 | Brief amici curiae of Law Professors of Civil Liberties and 42 U.S.C. - 1983 filed. VIDED. |
| Dec 20 2011 | Brief amicus curiae of Ambassador David Scheffer, Northwestern University School of Law filed. |
| Dec 20 2011 | Brief amicus curiae of Thomas J. Schoenbaum filed. |
| Dec 21 2011 | Brief amicus curiae of United States filed. (Distributed) |
| Dec 21 2011 | Brief amici curiae of International Human Rights Organizations and International Law Experts filed. |
| Dec 21 2011 | Brief amici curiae of Former U.S. Senator Arlen Specter, et al. filed. VIDED. |
| Dec 21 2011 | Brief amici curiae of Professors of Legal History Barbara Aronstein Black, et al. filed. |
| Dec 21 2011 | Brief amicus curiae of Navi Pillay, the United Nations High Commissioner for Human Rights filed. |
| Dec 21 2011 | Brief amicus curiae of the Rutherford Institute filed. |
| Dec 21 2011 | Brief amicus curiae of American Federation of Labor and Congress of Industrial Organizations filed. |
| Dec 21 2011 | Brief amicus curiae of International Law Scholars filed. |
| Dec 21 2011 | Brief amici curiae of Civil Procedure Professors filed. |
| Dec 21 2011 | Brief amicus curiae of The Brennan Center for Justice ar NYU School of Law filed. |
| Dec 21 2011 | Brief amici curiae of Dr. Juan Romagoza Arce, et al. filed. VIDED. |
| Dec 21 2011 | Brief amicus curiae of Joseph E. Stiglitz filed. VIDED. |
| Dec 21 2011 | Brief amici curiae of Nuremberg Scholars Omer Bartov, et al. filed. VIDED. |
| Dec 21 2011 | Brief amici curiae of Nuremberg Historians and International Lawyers in support of neither party filed. |
| Dec 21 2011 | Brief amici curiae of Former United States Government Counterterrorism and Human Rights Officials filed. |
| Jan 12 2012 | CIRCULATED |
| Jan 24 2012 | Record received from U.S.C.A. for 2nd Circuit. (1 Box). Portiions of this record are electronic. |
| Jan 25 2012 | Record received from U.S.D.C. for Southern District of New York. (3 boxes) The remainder of this record is electronic. |
| Jan 27 2012 | Brief of respondents Royal Dutch Petroleum Co., et al. filed. (Distributed) |
| Feb 2 2012 | Brief amicus curiae of The Federal Republic of Germany filed. (Distributed) |
| Feb 2 2012 | Brief amicus curiae of KBR, Inc. filed. |
| Feb 3 2012 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed. |
| Feb 3 2012 | Brief amicus curiae of The Clearing House Association L.L.C. filed. (Distributed) |
| Feb 3 2012 | Brief amici curiae of Association of German Chambers of Industry and Commerce, et al. filed. (Distributed) |
| Feb 3 2012 | Brief amici curiae of Rio Tinto Group and Occidental Petroleum Corp. filed. (Distributed) |
| Feb 3 2012 | Brief amici curiae of Professors of International Law, et al. filed. (Distributed) |
| Feb 3 2012 | Brief amici curiae of BP America, et al. filed. (Distributed) |
| Feb 3 2012 | Brief amici curiae of Chevron Corporation, et al. filed. (Distributed) |
| Feb 3 2012 | Brief amicus curiae of Chamber of Commerce of the United States of America filed. (Distributed) |
| Feb 3 2012 | Brief amici curiae of International Law Professors filed. (Distributed) |
| Feb 3 2012 | Brief amici curiae of Governments of the United Kingdom of Great Britain, et al. filed. (Distributed) |
| Feb 3 2012 | Brief amici curiae of The Coca-Cola Company, et al. filed. (Distributed) |
| Feb 3 2012 | Brief amici curiae of National Foreign Trade Council, et al. filed. (Distributed) |
| Feb 3 2012 | Brief amici curiae of Law Professors of Constitutional and Federal Procedure Law filed. (Distributed) |
| Feb 3 2012 | Brief amicus curiae of Cato Institute filed. (Distributed) |
| Feb 3 2012 | Brief amicus curiae of Product Liability Advisory Counsel, Inc. filed. (Distributed) |
| Feb 17 2012 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. |
| Feb 21 2012 | Reply of petitioners Esther Kiobel, et al. filed. (Distributed) |
| Feb 28 2012 | 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. |
| Mar 5 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. |
| Mar 16 2012 | The time to file petitioners' supplemental brief is extended to and including June 6, 2012. |
| Mar 16 2012 | The time to file respondents' supplemental brief is extended to and including August 1, 2012. |
| Mar 22 2012 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the respondents. |
| Mar 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 |
| Jun 6 2012 | Supplemental brief of petitioners Esther Kiobel, et al. filed. (Distributed) |
| Jun 8 2012 | Brief amicus curiae of Navi Pillay, the United Nations High Commissioner for Human Rights filed. |
| Jun 11 2012 | Brief amici curiae of Volker Beck and Christoph Strasser, Members of Parliament of the Federal Republic of Germany filed. |
| Jun 11 2012 | Brief amici curiae of Law of Nations Scholars supporting neither party filed. |
| Jun 12 2012 | Brief amici curiae of Former UN Special Representative for Business and Human Rights, Professor John Ruggie, et al. filed. |
| Jun 12 2012 | Brief amicus curiae of The Rutgers Law School Constitutional Litigation Clinic filed. |
| Jun 12 2012 | Brief amici curiae of Genocide Victims of Krajina filed. |
| Jun 12 2012 | Brief amici curiae of Victims of the Hungarian Holocaust filed. |
| Jun 12 2012 | Brief amici curiae of Human Rights First, et al. filed. |
| Jun 12 2012 | Brief amici curiae of Professors of Civil Procedure, et al. filed. |
| Jun 12 2012 | Brief amicus curiae of European Commission on Behalf of the European Union in support of neither party filed. |
| Jun 12 2012 | Brief amici curiae of Professors of Legal History and Federal Jurisdiction, Martin Flaherty, and John V. Orth filed. |
| Jun 12 2012 | Brief amicus curiae of American Civil Liberties Union filed. |
| Jun 13 2012 | Brief amicus curiae of United States filed. |
| Jun 13 2012 | Brief amici curiae of Australian International Law Scholars filed. |
| Jun 13 2012 | Brief amicus curiae of Yale Law School Center for Global Legal Challenges filed. |
| Jun 13 2012 | Brief amicus curiae of Government of the Argentine Republic filed. |
| Jun 13 2012 | Brief amicus curiae of Ambassador David Scheffer, Northwestern University School of Law filed. |
| Jun 13 2012 | Brief amici curiae of Abukar Hassan Ahmed, et al. filed. |
| Jun 13 2012 | Brief amici curiae of South African Jurists Anton Katz, et al. filed. |
| Jun 13 2012 | Brief amici curiae of International Law Scholars filed. |
| Jun 13 2012 | Brief amici curiae of Institute for Human Rights and Business, et al. filed. |
| Jun 13 2012 | Brief amici curiae of International Human Rights Organizations filed. |
| Jun 13 2012 | Brief amici curiae of Professors of Legal History filed. |
| Jun 13 2012 | Brief amici curiae of Eleven Jewish Former Residents of Iran Whose Family Members "Disappeared" filed. |
| Jun 13 2012 | Brief amicus curiae of The Association of the Bar of the City of New York filed. |
| Jun 13 2012 | Brief amicus curiae of American Bar Association filed. |
| Jun 13 2012 | Brief amici curiae of German Institute for Human Rights, et al. filed. |
| Jun 13 2012 | Brief amicus curiae of EarthRights International filed. |
| Jun 13 2012 | Brief amici curiae of Comparative Law Scholars, et al. filed. |
| Jun 13 2012 | Brief amicus curiae of Juan E. Mendez U.N. Special Rapporteur on Torture filed. |
| Jun 13 2012 | Brief amici curiae of Former United States Diplomats Diego Asencio, et al. filed. |
| Jun 13 2012 | Brief amici curiae of The Governments of the Kingdom of the Netherlands, et al. filed. |
| Jun 13 2012 | Brief amici curiae of English Law Practitioners Martyn Day, et al. filed. |
| Jun 13 2012 | Brief amici curiae of Certain Plaintiffs in In Re: Terrorists Attacks on September 11, 2001 in support of neither party filed. |
| Jun 13 2012 | Brief amici curiae of Professor Alex-Geert Castermans (Leiden University), et al. filed. |
| Jun 13 2012 | Brief amici curiae of Former United States Government Counterterrorism and Human Rights Officials filed. |
| Jul 13 2012 | CIRCULATED. |
| Jul 23 2012 | SET FOR REARGUMENT ON Monday, October 1, 2012. |
| Aug 1 2012 | Supplemental brief of respondents Royal Dutch Petroleum Co., et al. filed. (Distributed) |
| Aug 8 2012 | Brief amici curiae of Rio Tinto Group filed. (Distributed) |
| Aug 8 2012 | Brief amicus curiae of Chamber of Commerce of the United States of America filed. (Distributed) |
| Aug 8 2012 | Brief amicus curiae of Cato Institute filed. (Distributed) |
| Aug 8 2012 | Brief amici curiae of Chevron Corporation, et al. filed. (Distributed) |
| Aug 8 2012 | Brief amici curiae of Washington Legal Foundation and Allied Educational Foundation filed. (Distributed) |
| Aug 8 2012 | Brief amici curiae of Former State Department Legal Advisers filed. (Distributed) |
| Aug 8 2012 | Brief amicus curiae of OTP Bank filed. (Distributed) |
| Aug 8 2012 | Brief amicus curiae of Engility Corporation filed. (Distributed) |
| Aug 8 2012 | Brief amici curiae of Professors Anthony J. Bellia Jr. and Bradford R. Clark filed. (Distributed) |
| Aug 8 2012 | Brief amici curiae of National Foreign Trade Council, et al. filed. (Distributed) |
| Aug 8 2012 | Brief amici curiae of BP America, et al. filed. (Distributed) |
| Aug 8 2012 | Brief amicus curiae of KBR, Inc. filed. (Distributed) |
| Aug 8 2012 | Brief amici curiae of Professors of International Law, et al. filed. (Distributed) |
| Aug 8 2012 | Brief amicus curiae of US-China Law Society filed. (Distributed) |
| Aug 8 2012 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed. |
| Aug 31 2012 | Reply of petitioners Esther Kiobel, et al. filed. (Distributed) |
| Sep 25 2012 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. |
| Oct 1 2012 | 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.) |
| Apr 17 2013 | 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. |
| May 20 2013 | JUDGMENT ISSUED. |
| Jun 18 2013 | Record returned to U.S.C.A. for 2nd Circuit. |
| Jun 18 2013 | Record returned to U.S.D.C. for Southern District of New York. |
