Ellul v. Congregation of Christian Bros.

GERARD E. LYNCH, Circuit Judge:

In Kiobel v. Royal Dutch Petroleum Co., — U.S. -, 133 S.Ct. 1659, 185 L.Ed.2d 671 (2013), the Supreme Court held that, with very limited exceptions, the Alien Tort Statute, 28 U.S.C. § 1350 (“ATS”), does not apply extraterritorially to conduct that occurs outside the United States. 133 S.Ct. at 1665. The actions that form the basis of this case occurred far from the United States and many decades ago. It is beyond question — and defendants do not dispute — that plaintiffs allege shocking violations of internationally accepted norms. But it is also beyond…