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Nestl” USA, Inc. v. Doe I

Consolidated with:

Docket No. Op. Below Argument Opinion Vote Author Term
19-416 9th Cir. Dec 1, 2020 Jun 17, 2021 8-1 Thomas OT 2020

Holding: To plead facts sufficient to support a domestic application of the Alien Tort Statute, 28 U.S.C. " 1350, plaintiffs must allege more domestic conduct than general corporate activity.

Judgment: Reversed and remanded, 8-1, in an opinion by Justice Thomas on June 17, 2021. Justice Thomas announced the judgment of the court and delivered the opinion of the court with respect to Parts I and II, in which Chief Justice Roberts and Justices Breyer, Sotomayor, Kagan, Gorsuch, Kavanaugh and Barrett joined, and an opinion with respect to Part III, in which Justices Gorsuch and Kavanaugh joined. Justice Gorsuch filed a concurring opinion, in which Justice Alito joined as to Part I, and in which Justice Kavanaugh joined as to Part II. Justice Sotomayor filed an opinion concurring in part and concurring in the judgment, in which Justices Breyer and Kagan joined. Justice Alito filed a dissenting opinion.

DateProceedings and Orders (key to color coding)
09/25/2019Petition for a writ of certiorari filed. (Response due October 28, 2019)
10/23/2019Blanket Consent filed by Respondents, John Doe I, et al. VIDED
10/25/2019Waiver of right of respondents John Doe I, et al. to respond filed.
10/28/2019Brief amicus curiae of The Coca-Cola Company filed. VIDED.
10/28/2019Brief amicus curiae of Washington Legal Foundation filed. VIDED.
10/28/2019Brief amicus curiae of Chevron Corporation filed. VIDED.
10/28/2019Brief amici curiae of The Chamber of Commerce of the United States of America, et al. filed. VIDED.
10/28/2019Brief amici curiae of The National Confectioners Association, the World Cocoa Foundation, and the European Cocoa Association filed. VIDED.
10/28/2019Brief amicus curiae of CATO INSTITUTE filed. (Distributed)
10/30/2019DISTRIBUTED for Conference of 11/15/2019.
11/04/2019Response Requested. (Due December 4, 2019)
11/14/2019Motion to extend the time to file a response from December 4, 2019 to December 12, 2019, submitted to The Clerk.
11/19/2019Motion to extend the time to file a response is granted and the time is extended to and including December 12, 2019.
12/12/2019Brief of respondents John Doe I, et al. in opposition filed.
12/13/2019Letter waiving the 14-day waiting period for the distribution of the petition pursuant to Rule 15.5 filed.
12/23/2019DISTRIBUTED for Conference of 1/10/2020.
12/23/2019Reply of petitioner Nestlé USA, Inc. filed. (Distributed)
01/13/2020The Solicitor General is invited to file a brief in this case expressing the views of the United States.
05/26/2020Brief amicus curiae of United States filed. VIDED.
06/04/2020Supplemental brief of petitioner Nestlé USA, Inc. filed. (Distributed)
06/09/2020DISTRIBUTED for Conference of 6/25/2020.
06/29/2020DISTRIBUTED for Conference of 7/1/2020.
07/02/2020Petition GRANTED. The petition for a writ of certiorari in No. 19-453 is granted. The cases are consolidated, and a total of one hour is allotted for oral argument. VIDED.
07/02/2020Because the Court has consolidated these cases for briefing and oral argument, future filings and activity in the cases will now be reflected on the docket of No. 19-416. Subsequent filings in these cases must therefore be submitted through the electronic filing system in No. 19-416. Each document submitted in connection with one or more of these cases must include on its cover the case number and caption for each case in which the filing is intended to be submitted. Where a filing is submitted in fewer than all of the cases, the docket entry will reflect the case number(s) in which the filing is submitted; a document filed in all of the consolidated cases will be noted as “VIDED.”
07/22/2020Motion for an extension of time to file the briefs on the merits filed. VIDED.
07/22/2020Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioners' briefs on the merits is extended to and including August 31, 2020. The time to file respondents' brief on the merits is extended to and including October 14, 2020. VIDED.
08/26/2020Blanket Consent filed by Respondent, John Doe I, et al. VIDED.
08/27/2020Blanket Consent filed by Petitioner, Nestlé USA, Inc.
08/31/2020Joint appendix filed. (Statement of costs filed.) VIDED.
08/31/2020Brief of petitioner Nestlé USA, Inc. filed. VIDED.
08/31/2020Brief of petitioner Cargill, Inc. filed. VIDED.
09/08/2020Brief amici curiae of The Chamber of Commerce of the United States of America, et al. filed. VIDED.
09/08/2020Brief amicus curiae of The Coca-Cola Company filed. VIDED.
09/08/2020Brief amici curiae of Washington Legal Foundation and Allied Educational Foundation filed. VIDED.
09/08/2020Brief amicus curiae of Cato Institute filed. VIDED.
09/08/2020Brief amici curiae of The World Cocoa Foundation, et al. filed. VIDED.
09/08/2020Brief amicus curiae of United States filed. VIDED.
09/08/2020Brief amici curiae of Professors of International Law, Foreign Relations Law and Federal Jurisdiction filed. VIDED.
09/16/2020SET FOR ARGUMENT on Tuesday, December 1, 2020. VIDED.
09/29/2020Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed. VIDED.
10/08/2020Record requested from the U.S.C.A. 9th Circuit.
10/08/2020Record received from the U.S.C.A. 9th Circuit is electronic and located on PACER.
10/14/2020Brief of respondents in 19-416 (response to merits brief of Nestle USA, Inc.) filed. VIDED.
10/19/2020Brief of respondents in 19-453 (response to merits brief of Cargill, Inc.) filed. VIDED.
10/20/2020Brief amicus curiae of EarthRights International filed. VIDED.
10/20/2020Brief amicus curiae of Yale Law School Center for Global Legal Challenges filed. VIDED.
10/21/2020Brief amicus curiae of Center for Global Justice filed. VIDED.
10/21/2020Brief amicus curiae of Tony's Chocolonely filed. VIDED.
10/21/2020Brief amici curiae of Access Now, et al. filed. VIDED.
10/21/2020Brief amici curiae of Foreign Lawyers filed. VIDED.
10/21/2020Brief amici curiae of Center for Justice & Accountability and Human Rights First filed. VIDED.
10/21/2020Brief amici curiae of Small and Mid-Size Cocoa and Chocolate Companies filed. VIDED.
10/21/2020Brief amici curiae of International Law Scholars filed. VIDED.
10/21/2020Brief amici curiae of Former Government Officials filed. VIDED.
10/21/2020Brief amici curiae of International Law Scholars, Former Diplomats, and Practitioners filed. VIDED.
10/21/2020Brief amicus curiae of Constitutional Accountability Center filed. VIDED.
10/21/2020Brief amici curiae of International Human Rights Organizations filed. VIDED.
10/21/2020Brief amici curiae of Oxfam America, et al. filed. VIDED.
10/21/2020Brief amicus curiae of Grant & Eisenhofer ESG Institute filed.
10/21/2020Brief amici curiae of Professors of Legal History, et al. filed. VIDED. (Distributed)
10/21/2020Brief amici curiae of Members of Congress Senator Blumenthal, Representative Smith, et al. filed. VIDED. (Distributed)
10/21/2020Brief amici curiae of Nuremberg Scholars filed. (Distributed)
10/27/2020CIRCULATED
11/02/2020Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. Justice Barrett took no part in the consideration or decision of this motion.
11/13/2020Reply of petitioner Nestlé USA, Inc. filed. VIDED. (Distributed)
11/13/2020Reply of petitioner Cargill, Inc. filed. VIDED. (Distributed)
12/01/2020Argued. For petitioners: Neal K. Katyal, Washington, D. C.; and Curtis E. Gannon, Deputy Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondents: Paul L. Hoffman, Hermosa Beach, Cal. VIDED.
06/17/2021Judgment REVERSED and case REMANDED. Thomas, J., announced the judgment of the Court and delivered the opinion of the Court with respect to Parts I and II, in which Roberts, C. J., and Breyer, Sotomayor, Kagan, Gorsuch, Kavanaugh, and Barrett, JJ., joined, and an opinion with respect to Part III, in which Gorsuch and Kavanaugh, JJ., joined. Gorsuch, J., filed a concurring opinion, in which Alito, J., joined as to Part I, and in which Kavanaugh, J., joined as to Part II. Sotomayor, J., filed an opinion concurring in part and concurring in the judgment, in which Breyer and Kagan, JJ., joined. Alito, J., filed a dissenting opinion. VIDED.
07/19/2021JUDGMENT ISSUED.
08/12/2021Response to motion to tax cost award and waive costs for indigent respondents filed by petitioner Nestlé USA, Inc.
08/12/2021Response to motion to tax cost award and waive costs for indigent respondents filed by petitioner Cargill, Inc. VIDED
08/18/2021Motion to tax cost award and waive costs for indigent respondents filed by respondents. (Electronically submitted on 8/2/21.) VIDED.