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

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 22, 2012)
Yesterday at the Court: Photos from the Plaza after Kiobel (Kali Borkoski, October 2, 2012)
Kiobel v. Royal Dutch Petroleum: Whats at stake, and for whom? (Kali Borkoski, October 1, 2012)
Argument recap: In search of an ATS compromise (Lyle Denniston, October 1, 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 14, 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 7, 2011)
Court to rule on suing corporations and PLO (UPDATED) (Lyle Denniston, October 17, 2011)

Date	Proceedings and Orders (key to color coding)
04/12/2011	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.
04/14/2011	Application (10A1006) granted by Justice Ginsburg extending the time to file until June 6, 2011.
06/06/2011	Petition for a writ of certiorari filed. (Response due July 13, 2011)
06/17/2011	Brief amici curiae of Professors of Legal History filed.
07/07/2011	Order extending time to file response to petition to and including August 12, 2011.
07/12/2011	Brief amicus curiae of Ambassador David Scheffer, Northwestern University School of Law filed.
07/13/2011	Brief amici curiae of Center for Constitutional Rights, et al. filed.
07/13/2011	Brief amici curiae of Nuremberg Scholars filed.
07/13/2011	Motion for leave to file amici brief filed by International Law Scholars.
08/12/2011	Brief of respondents Royal Dutch Petroleum Co., et al. in opposition filed.
08/24/2011	DISTRIBUTED for Conference of September 26, 2011.
09/02/2011	Reply of petitioners Esther Kiobel, et al. filed. (Distributed)
10/03/2011	DISTRIBUTED for Conference of October 7, 2011.
10/11/2011	DISTRIBUTED for Conference of October 14, 2011.
10/17/2011	Motion for leave to file amicus brief filed by International Law Scholars GRANTED.
10/17/2011	Petition GRANTED The case is to be argued in tandem with No. 11-88, Mohamad v. Rajoub.
11/15/2011	Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioners.
11/15/2011	Consent to the fiiing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the respondents.
11/16/2011	The time to file the joint appendix and petitioners' brief on the merits is extended to and including December 14, 2011.
11/16/2011	The time to file respondents' brief on the merits is extended to and including January 27, 2012.
12/14/2011	Joint appendix filed.
12/14/2011	Brief of petitioners Esther Kiobel, et al. filed.
12/16/2011	Brief amicus curiae of Yale Law School Center for Global Legal Challenges filed. VIDED. (Distributed)
12/19/2011	SET FOR ARGUMENT ON Tuesday, February 28, 2012.
12/20/2011	Brief amicus curiae of EarthRights International filed.
12/20/2011	Brief amici curiae of Law Professors of Civil Liberties and 42 U.S.C. - 1983 filed. VIDED.
12/20/2011	Brief amicus curiae of Ambassador David Scheffer, Northwestern University School of Law filed.
12/20/2011	Brief amicus curiae of Thomas J. Schoenbaum filed.
12/21/2011	Brief amicus curiae of United States filed. (Distributed)
12/21/2011	Brief amici curiae of International Human Rights Organizations and International Law Experts filed.
12/21/2011	Brief amici curiae of Former U.S. Senator Arlen Specter, et al. filed. VIDED.
12/21/2011	Brief amici curiae of Professors of Legal History Barbara Aronstein Black, et al. filed.
12/21/2011	Brief amicus curiae of Navi Pillay, the United Nations High Commissioner for Human Rights filed.
12/21/2011	Brief amicus curiae of the Rutherford Institute filed.
12/21/2011	Brief amicus curiae of American Federation of Labor and Congress of Industrial Organizations filed.
12/21/2011	Brief amicus curiae of International Law Scholars filed.
12/21/2011	Brief amici curiae of Civil Procedure Professors filed.
12/21/2011	Brief amicus curiae of The Brennan Center for Justice ar NYU School of Law filed.
12/21/2011	Brief amici curiae of Dr. Juan Romagoza Arce, et al. filed. VIDED.
12/21/2011	Brief amicus curiae of Joseph E. Stiglitz filed. VIDED.
12/21/2011	Brief amici curiae of Nuremberg Scholars Omer Bartov, et al. filed. VIDED.
12/21/2011	Brief amici curiae of Nuremberg Historians and International Lawyers in support of neither party filed.
12/21/2011	Brief amici curiae of Former United States Government Counterterrorism and Human Rights Officials filed.
01/12/2012	CIRCULATED
01/24/2012	Record received from U.S.C.A. for 2nd Circuit. (1 Box). Portiions of this record are electronic.
01/25/2012	Record received from U.S.D.C. for Southern District of New York. (3 boxes) The remainder of this record is electronic.
01/27/2012	Brief of respondents Royal Dutch Petroleum Co., et al. filed. (Distributed)
02/02/2012	Brief amicus curiae of The Federal Republic of Germany filed. (Distributed)
02/02/2012	Brief amicus curiae of KBR, Inc. filed.
02/03/2012	Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
02/03/2012	Brief amicus curiae of The Clearing House Association L.L.C. filed. (Distributed)
02/03/2012	Brief amici curiae of Association of German Chambers of Industry and Commerce, et al. filed. (Distributed)
02/03/2012	Brief amici curiae of Rio Tinto Group and Occidental Petroleum Corp. filed. (Distributed)
02/03/2012	Brief amici curiae of Professors of International Law, et al. filed. (Distributed)
02/03/2012	Brief amici curiae of BP America, et al. filed. (Distributed)
02/03/2012	Brief amici curiae of Chevron Corporation, et al. filed. (Distributed)
02/03/2012	Brief amicus curiae of Chamber of Commerce of the United States of America filed. (Distributed)
02/03/2012	Brief amici curiae of International Law Professors filed. (Distributed)
02/03/2012	Brief amici curiae of Governments of the United Kingdom of Great Britain, et al. filed. (Distributed)
02/03/2012	Brief amici curiae of The Coca-Cola Company, et al. filed. (Distributed)
02/03/2012	Brief amici curiae of National Foreign Trade Council, et al. filed. (Distributed)
02/03/2012	Brief amici curiae of Law Professors of Constitutional and Federal Procedure Law filed. (Distributed)
02/03/2012	Brief amicus curiae of Cato Institute filed. (Distributed)
02/03/2012	Brief amicus curiae of Product Liability Advisory Counsel, Inc. filed. (Distributed)
02/17/2012	Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
02/21/2012	Reply of petitioners Esther Kiobel, et al. filed. (Distributed)
02/28/2012	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.
03/05/2012	This case is restored to the calendar for reargument. The parties are directed to file supplemental briefs addressing the following question:
03/16/2012	The time to file petitioners' supplemental brief is extended to and including June 6, 2012.
03/16/2012	The time to file respondents' supplemental brief is extended to and including August 1, 2012.
03/22/2012	Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the respondents.
03/27/2012	Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioners
06/06/2012	Supplemental brief of petitioners Esther Kiobel, et al. filed. (Distributed)
06/08/2012	Brief amicus curiae of Navi Pillay, the United Nations High Commissioner for Human Rights filed.
06/11/2012	Brief amici curiae of Volker Beck and Christoph Strasser, Members of Parliament of the Federal Republic of Germany filed.
06/11/2012	Brief amici curiae of Law of Nations Scholars supporting neither party filed.
06/12/2012	Brief amici curiae of Former UN Special Representative for Business and Human Rights, Professor John Ruggie, et al. filed.
06/12/2012	Brief amicus curiae of The Rutgers Law School Constitutional Litigation Clinic filed.
06/12/2012	Brief amici curiae of Genocide Victims of Krajina filed.
06/12/2012	Brief amici curiae of Victims of the Hungarian Holocaust filed.
06/12/2012	Brief amici curiae of Human Rights First, et al. filed.
06/12/2012	Brief amici curiae of Professors of Civil Procedure, et al. filed.
06/12/2012	Brief amicus curiae of European Commission on Behalf of the European Union in support of neither party filed.
06/12/2012	Brief amici curiae of Professors of Legal History and Federal Jurisdiction, Martin Flaherty, and John V. Orth filed.
06/12/2012	Brief amicus curiae of American Civil Liberties Union filed.
06/13/2012	Brief amicus curiae of United States filed.
06/13/2012	Brief amici curiae of Australian International Law Scholars filed.
06/13/2012	Brief amicus curiae of Yale Law School Center for Global Legal Challenges filed.
06/13/2012	Brief amicus curiae of Government of the Argentine Republic filed.
06/13/2012	Brief amicus curiae of Ambassador David Scheffer, Northwestern University School of Law filed.
06/13/2012	Brief amici curiae of Abukar Hassan Ahmed, et al. filed.
06/13/2012	Brief amici curiae of South African Jurists Anton Katz, et al. filed.
06/13/2012	Brief amici curiae of International Law Scholars filed.
06/13/2012	Brief amici curiae of Institute for Human Rights and Business, et al. filed.
06/13/2012	Brief amici curiae of International Human Rights Organizations filed.
06/13/2012	Brief amici curiae of Professors of Legal History filed.
06/13/2012	Brief amici curiae of Eleven Jewish Former Residents of Iran Whose Family Members "Disappeared" filed.
06/13/2012	Brief amicus curiae of The Association of the Bar of the City of New York filed.
06/13/2012	Brief amicus curiae of American Bar Association filed.
06/13/2012	Brief amici curiae of German Institute for Human Rights, et al. filed.
06/13/2012	Brief amicus curiae of EarthRights International filed.
06/13/2012	Brief amici curiae of Comparative Law Scholars, et al. filed.
06/13/2012	Brief amicus curiae of Juan E. Mendez U.N. Special Rapporteur on Torture filed.
06/13/2012	Brief amici curiae of Former United States Diplomats Diego Asencio, et al. filed.
06/13/2012	Brief amici curiae of The Governments of the Kingdom of the Netherlands, et al. filed.
06/13/2012	Brief amici curiae of English Law Practitioners Martyn Day, et al. filed.
06/13/2012	Brief amici curiae of Certain Plaintiffs in In Re: Terrorists Attacks on September 11, 2001 in support of neither party filed.
06/13/2012	Brief amici curiae of Professor Alex-Geert Castermans (Leiden University), et al. filed.
06/13/2012	Brief amici curiae of Former United States Government Counterterrorism and Human Rights Officials filed.
07/13/2012	CIRCULATED.
07/23/2012	SET FOR REARGUMENT ON Monday, October 1, 2012.
08/01/2012	Supplemental brief of respondents Royal Dutch Petroleum Co., et al. filed. (Distributed)
08/08/2012	Brief amici curiae of Rio Tinto Group filed. (Distributed)
08/08/2012	Brief amicus curiae of Chamber of Commerce of the United States of America filed. (Distributed)
08/08/2012	Brief amicus curiae of Cato Institute filed. (Distributed)
08/08/2012	Brief amici curiae of Chevron Corporation, et al. filed. (Distributed)
08/08/2012	Brief amici curiae of Washington Legal Foundation and Allied Educational Foundation filed. (Distributed)
08/08/2012	Brief amici curiae of Former State Department Legal Advisers filed. (Distributed)
08/08/2012	Brief amicus curiae of OTP Bank filed. (Distributed)
08/08/2012	Brief amicus curiae of Engility Corporation filed. (Distributed)
08/08/2012	Brief amici curiae of Professors Anthony J. Bellia Jr. and Bradford R. Clark filed. (Distributed)
08/08/2012	Brief amici curiae of National Foreign Trade Council, et al. filed. (Distributed)
08/08/2012	Brief amici curiae of BP America, et al. filed. (Distributed)
08/08/2012	Brief amicus curiae of KBR, Inc. filed. (Distributed)
08/08/2012	Brief amici curiae of Professors of International Law, et al. filed. (Distributed)
08/08/2012	Brief amicus curiae of US-China Law Society filed. (Distributed)
08/08/2012	Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
08/31/2012	Reply of petitioners Esther Kiobel, et al. filed. (Distributed)
09/25/2012	Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
10/01/2012	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.)
04/17/2013	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.
05/20/2013	JUDGMENT ISSUED.
06/18/2013	Record returned to U.S.C.A. for 2nd Circuit.
06/18/2013	Record returned to U.S.D.C. for Southern District of New York.

Disclosure: Goldstein & Russell, P.C. represents Achmed et al. and the Center for Justice and Accountability as”amici curiae“in support of the petitioners.

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.