United States Second Circuit

In proposed class-action suits brought under the Alien Tort Statute (ATS) on behalf of those harmed by the decades-long South African legal regime known as apartheid, against defendant-companies, who plaintiffs allege assisted the South African government, the petition for a writ of mandamus challenging the district court's order denying defendants' motion to dismiss is denied and the matter is remanded, where all of the underlying claims are plainly barred by the recent opinion of the Supreme Court in Kiobel v. Royal Dutch Petroleum Co., 133 S. Ct. 1659 (2013), which held that federal courts may not, under the ATS, recognize common-law causes of action for conduct occurring in the territory of another sovereign.

Appellate Information

• Decided 08/21/2013
• Published 08/21/2013

Judges

• CABRANES

Court

• United States Second Circuit

Counsel