Monday, July 12, 2010
Supreme Court UPDATE
Presbyterian Church of Sudan v. Talisman Energy, Inc.; Talisman Energy, Inc. v. Presbyterian Church of Sudan
[Note: The petition and cross-petition were distributed for the Justices' conference on Sept. 27, 2010.]
Docket: 09-1262; 09-1418
Issues: From 09-1418: (1) Whether, under the Alien Tort Statute, federal courts lack subject matter jurisdiction to impose liability on corporations for torts committed in violation of customary international law; (2) whether federal courts lack subject matter jurisdiction to apply ATS extraterritorially to claims for such torts arising entirely outside the United States; and (3) whether causes of action for violations of customary international law exist when (i) the claims are based on events arising solely outside the United States and had no effect on the United States, (ii) the claims are asserted against a foreign defendant not in the custody of the United States, and (iii) a country providing an adequate alternative forum has a close tie to the dispute.
Posted by Boalt 2008 at 9:07 PM