8/31 D.C. Circuit Majority Holds Supreme Court Decision

D.C. Circuit Majority Holds That, There Being No New Cause of Action Created by Alient Tort Statue, No Claim Exists Against U.S. Officials Individually, Whereas, Says the Dissent, a Cause of Action in the U.S. Would Exist Against Non-U.S. Officials for the Same Conduct

Akran Mohammed Ali, et al. v. Rumsfeld, et al., No. 07-5178 (D.C.Cir. June 2011) (consol), is the appeal of an action by non-U.S. residents or citizens captured, held, and allegedly tortured by U.S. milatary personnel. This decision affirms the District Court's grant of a motion to dismiss Alient Tort Statute (ATS), 28 U.S.C. sec 1350, and constitutional claims.

The rulings here of interest to international commerical or business litigation (which includ claims asserting torts, even if not torture) include the following: