Rio Tinto PLC v. Sarei
Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
---|---|---|---|---|---|---|
11-649 | 9th Cir. | Not Argued | Apr 22, 2013 | TBD | TBD | OT 2012 |
Issue: (1) Whether U.S. courts should recognize a federal common law claim under the Alien Tort Statue (ATS) arising from conduct occurring entirely within the jurisdiction of a foreign sovereign, especially where the claim addresses the foreign sovereign"s own conduct on its own soil toward its own citizens; (2) whether U.S. courts should recognize a federal common law claim under the ATS based on aiding-and-abetting liability, even absent concrete factual allegations establishing that the purpose of the defendant"s conduct was to advance the principal actor"s violations of international law; (3) whether a plaintiff asserting a federal common law claim under the ATS addressed to conduct occurring entirely within the jurisdiction of a foreign sovereign must seek to exhaust available remedies in the courts of that sovereign before filing suit in the United States, as international and domestic law require; and (4) whether federal common law claims asserted under the ATS for violations of international human rights law norms may be brought against corporate entities.
Judgment: Granted, vacated, and remanded for further consideration in light of Kiobel v. Royal Dutch Petroleum. on April 22, 2013. (Kagan, J., recused.)
Date | Proceedings and Orders |
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11/23/2011 | Petition for a writ of certiorari filed. (Response due December 28, 2011) |
11/23/2011 | Appendix of Rio Tinto PLC, et al. filed (Volumes I & II). |
12/15/2011 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for petitioners, |
12/27/2011 | Waiver of right of respondents Alexis Holyweek Sarei, et al. to respond filed. |
12/28/2011 | DISTRIBUTED for Conference of January 13, 2012. |
12/28/2011 | Motion for leave to file amici brief filed by Professors of International Law, Foreign Relations Law and Federal Jurisdiction. (Distributed) |
12/28/2011 | Motion for leave to file amici brief filed by Washington Legal Foundation, et al. (Distributed) |
12/28/2011 | Motion for leave to file amicus brief filed by Chamber of Commerce of the United States of America. (Distributed) |
12/28/2011 | Motion for leave to file amici brief filed by Governments of Australia and the United Kingdom of Great Britain and Northern Ireland. (Distributed) |
01/03/2012 | Supplemental brief of petitioners Rio Tinto PLC, et al. filed. (Distributed) |
01/04/2012 | Response Requested . (Due February 3, 2012) |
02/03/2012 | Brief of respondent Alexis Holyweek Sarei, et al. in opposition filed. |
02/03/2012 | Motion for leave to file amici brief filed by National Foreign Trade Council, et al. |
02/15/2012 | DISTRIBUTED for Conference of March 2, 2012. |
02/15/2012 | Reply of petitioners Rio Tinto PLC, et al. filed. (Distributed) |
04/17/2013 | DISTRIBUTED for Conference of April 19, 2013. |
04/22/2013 | Motion for leave to file amici brief filed by Governments of Australia and the United Kingdom of Great Britain and Northern Ireland GRANTED. Justice Kagan took no part in the consideration or decision of this motion. |
04/22/2013 | Motion for leave to file amici brief filed by Professors of International Law, Foreign Relations Law and Federal Jurisdiction GRANTED. Justice Kagan took no part in the consideration or decision of this motion. |
04/22/2013 | Motion for leave to file amici brief filed by Washington Legal Foundation, et al. GRANTED. Justice Kagan took no part in the consideration or decision of this motion. |
04/22/2013 | Motion for leave to file amicus brief filed by Chamber of Commerce of the United States of America GRANTED. Justice Kagan took no part in the consideration or decision of this motion. |
04/22/2013 | Motion for leave to file amici brief filed by National Foreign Trade Council, et al. GRANTED. Justice Kagan took no part in the consideration or decision of this motion. |
04/22/2013 | Petition GRANTED. Judgment VACATED and case REMANDED for further consideration in light of Kiobel v. Royal Dutch Petroleum Co., 569 U. S. ___ (2013). Justice Kagan took no part in the consideration or decision of this petition. |
05/24/2013 | JUDGMENT ISSUED. |
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