Monday, May 17, 2010


Sarei v. Rio Tinto, Case No. 09-56381 (9th Cir.): On March 29, the federal government filed a letter stating that it would not submit an amicus brief. The case is fully briefed, but a hearing date has not been set.

Presbyterian Church of Sudan v. Talisman Energy Co.: The plaintiffs filed a cert petition on April 15, 2010. The opposition should be filed today. The questions presented: (1) whether, in ATS cases, the standards of aiding and abetting and conspiracy liability are provided by international law or federal common law; (2) whether aiding and abetting liability can be imposed based on proof that the defendant acted with knowledge, or if intent it required; (3) whether conspiracy liability is available under the ATS.

Abdullahi v. Pfizer: The petition for certiorari is still pending. On November 2, 2009, the court invited an amicus from SG, but the SG has not yet responded.

Arar v. Ashcroft: The petition for certiorari was filed February 1 and is still pending. Respondents oppositions were filed on May 12.