Second Circuit Bars Alien Tort Statute Claims Against Corporations

Originally published September 20, 2010

Keywords: Alien Tort Statute, ATS, claims, human rights, Kiobel, Royal Dutch Petroleum,

The Alien Tort Statute (ATS), which was enacted by the first Congress in 1789, has served as the primary vehicle in recent decades for class action lawsuits by foreign plaintiffs alleging human rights violations abroad by US and foreign corporations.

Last week, in Kiobel v. Royal Dutch Petroleum Co., the US Court of Appeals for the Second Circuit held that the ATS does not authorize claims against corporations. It therefore dismissed for lack of subject matter jurisdiction pending claims that the oil company defendants assisted the Nigerian government in human rights violations.