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‘Apartheid’ dismissed and Al-Shimari distinguished: The bar is high for the...
For readers unfamiliar with earlier posts on the Alien Torts Statute and its role in the corporate social responsibility debate, the title of this piece may sound like gobbledygook. Review of the...
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Doe v Nestle and Tiffany v China Merchants Bank et al: The concertina effect...
I may yet have to insert a special category ‘ATS’ in the ‘Categories’ on the right hand side of this blog. Distinguishing, and precedent application alike keep on stretching cq enforcing the USCC’s...
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Just did not do it. USCA confirms strict attributability test in Ranza v Nike.
In Ranza v Nike, the Court of Appeal for the ninth circuit confirmed the high hurdle to establish personal jurisdiction over foreign corporations in the US, following the Supreme Court’s decisions in...
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Institute of Cetacean Research v. Sea Shepherd Conservation Society: A great...
Institute of Cetacean Research v. Sea Shepherd Conservation Society has recently come to my attention thanks to Juliett Hatchett over at Baker: her analysis is spot on and I am happy to refer to it....
View ArticleJesner v Arab Bank. Corporate culpability, the substantive question ignored...
Update 13 October 2017: Oral hearing took place this week. See here for reporting in particular on Gorsuch J’s unexpected line of questioning. Thank you, Ludo Veuchelen, for alerting me to Adam...
View ArticleSCOTUS holding in Bristol-Myers Squibb BMS further restricts personal...
I have reported before (search tag ‘CSR’ or ‘ATS) on the personal jurisdiction cases in US litigation. The United States Supreme Court this morning held in Bristol-Meyers Squibb, BMS for short. For...
View ArticleJesner v Arab Bank. Scotus does not play ball on corporate culpability under...
For background to this week’s SCOTUS ruling in Jesner v Arab Bank see my earlier posting. Bastian Brunk has early reflection here, with good summary of the Court’s majority (as well as dissenting)...
View ArticleNevsun Resources Ltd. v. Gize Yebeyo Araya, et al. Some of the unanswered...
Plenty of goings-on in the Corporate Social Responsibility /mass torts category, as regular readers of the blog and /or my Twitter-feed will know. Thank you Jutta Brunnée for alerting us to Nevsun...
View ArticleKiobel v Shell in The Netherlands. Court confirms jurisdiction anchored unto...
In January 2017 I reported that Ms Kiobel, following failure to convince the USSC of jurisdiction under the Alien Tort Statute, subsequently initiated proceedings in the Dutch courts to try and sue...
View ArticleCanadian Supreme Court gives go ahead for consideration of the CSR issues in...
I have reported earlier on the issues which yesterday led to the decision of the Canadian Supreme Court 2020 SCC 5 Nevsun Resources Ltd. v. Araya, in which the Supreme Court was asked whether there...
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