Frey Publishes in USLW on the Alien Tort Statute
posted November 8, 2011
The U.S. Supreme Court has granted certiorari in the Alien Tort Statute case of Kiobel v. Royal Dutch Petroleum Co. to resolve whether a corporation can be a defendant in an ATS case. The same day, the court also granted certiorari in Mohamad v. Rajoub to decide a similar issue under the Torture Victim Protection Act of whether that statute permits civil actions against defendants which are not natural persons.
Currently the jurisprudence of these statutes is in chaos, particularly with respect to the ATS