Friday, January 8, 2010

Keep an eye on this:

Pfizer Inc. v. Abdullahi et al. - Docket: 09-34

On Nov. 2, 2009 the Solicitor General is invited to file a brief in this case expressing the views of the United States. That should be out soon!

Issue: Whether Alien Tort Statute (ATS) jurisdiction can extend to a private actor based on alleged state action by a foreign government where there is no allegation that the government knew of or participated in the specific acts by the private actor claimed to have violated international law. Whether, absent state action, a complaint that a private actor has conducted a clinical trial of a medication without adequately informed consent can surmount the “high bar to new private causes of action” under the ATS.

Opinion below (2nd Circuit)
Petition for certiorari
Brief in opposition
Petitioner’s reply
Brief amicus curiae of Chamber of Commerce of the United States of America
Brief amici curiae of Washington Legal Foundation et al.