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KIOBEL v. ROYAL DUTCH PETROLEUM

Docket No.: 10-1491rearg
Certiorari Granted: 10/17/2011
Argued: October 1, 2012
Consolidated with: 11-88

Topics:

sovereign immunity, Torture Victim Protection Act

PartyNames: Esther Kiobel, Individually and on Behalf of Her Late Husband, Dr. Barinem Kiobel, et al. v. Royal Dutch Petroleum Co., et al.
Petitioner: Esther Kiobel, Individually and on Behalf of Her Late Husband, Dr. Barinem Kiobel, et al.
Respondent: Royal Dutch Petroleum Co., et al.

Court Below: United States Court of Appeals for the Second Circuit
Citation: 621 F.3d 111
Supreme Court Observer Blog Post for KIOBEL v. ROYAL DUTCH PETROLEUM

Esther Kiobel, Individually and on Behalf of Her Late Husband, Dr. Barinem Kiobel, et al.
v.
Royal Dutch Petroleum Co., et al.
Question Presented:

1. Whether the issue of corporate civil tort liability under the Alien Tort Statute ("ATS"), 28 U.S.C. ยง 1350, is a merits question, as it has been treated by all courts prior to the decision below, or an issue of subject matter jurisdiction, as the court of appeals held for the first time. 2. Whether corporations are immune from tort liability for violations of the law of nations such as torture, extrajudicial executions or genocide, as the court of appeals decisions provides, or if corporations may be sued in the same manner as any other private party defendant under the ATS for such egregious violations, as the Eleventh Circuit has explicitly held.

Question:

1. Is corporate civil tort liability under the Alien Tort Statute an issue of subject matter jurisdiction? 2. Under the Alien Tort Statute, are corporations immune from tort liability for violations of the law of nations, such as torture, extrajudicial executions, or genocide?

KIOBEL v. ROYAL DUTCH PETROLEUM
ORAL ARGUMENT

October 1, 2012

Listen to Oral Argument in KIOBEL v. ROYAL DUTCH PETROLEUM
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