Marc J. Goldstein Arbitrator & Mediator NYC
July 13, 2011

Appeals Court Decisions in Conflict Over Corporate Liability for Human Rights Abuses

Dear Readers:

On July 8, 2011 the U.S. Court of Appeals for the District of Columbia Circuit held, in a divided 2-1 panel decision, that Exxon Mobil is not immune from claims of civil damages liability under the Alien Tort Statute  for torture and extrajudicial killing allegedly committed at its behest by the Indonesian military forces against civilian tribesmen in Indonesia.  The outcome on the issue of ATS liability of corporations is the opposite of that reached last year by a  divided panel in the U.S. Second Circuit Court of Appeals. An analysis of one of the key issues in both cases, that may be decisive if as seems increasingly likely one case or the other reaches the U.S. Supreme Court, is discussed in my post today in the Developments section of my general website.



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