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Two recent decisions in the Ninth Circuit demonstrate the continued litigation risk that corporations face from alleged involvement in human rights violations abroad.
Monday, Oct. 2 marks the start of a new Supreme Court term. While the arrival of Justice Neil Gorsuch made major headlines, the cases last term did not gain much attention. The court’s 2017-2018 term, however, promises to be one for the history books.
In Nestlé v. Doe, a near-unanimous majority of the U.S. Supreme Court dealt yet another blow to plaintiffs seeking to bring lawsuits against corporations for violations of international law—holding that mere “corporate activity” within the United States is not enough to satisfy the general presumption against the extraterritorial application of federal law. Nestlé represents the third time since 2013 that the Court has sharply limited the ability of plaintiffs to bring claims under the 1789 Alien Tort Statute (ATS), 28 U.S.C. §1350, which grants federal courts jurisdiction over tor...
Adam Smith, the founder of modern economics, argued that the pursuit of private interests – profits – will invariably promote the common good. That may be true in some situations, but obviously not always. Just as banks’ pursuit of profit led to the 2008 financial crisis, it was Purdue and other pharmaceutical companies’ greed that produced the opioid crisis, and Texaco’s support of the Franco regime that helped the fascists triumph in the Spanish Civil War. This litany of perfidy could easily be extended. But among the worst abuses committed by greedy corporations today is childhoo...
To embed, copy and paste the code into your website or blog: A Summer of Freedom: Happy 4th From Us Here At The PMN. While the White House has acknowledged that the nation will not meet President Biden’s ambitious July 4th vaccination goal, it would be hard to argue the nation as a whole is not better situated to handle the pandemic than it was a year ago. The President plans to invite first responders, essential workers, and military service members and their families on the South Lawn for a cookout and to watch the fireworks over the National Mall. And for the Steven King readers out th...