Legal Opinion

Kiobel v. Royal Dutch Petroleum Co.

Court of Appeals for the Second Circuit

Decided September 17, 2010No. Docket 06-4800-cv, 06-4876-cvPublishedCited by 430 opinions

1Opinion of the Court

Judge LEVAL concurs only in the judgment of the Court dismissing the complaint and files a separate opinion.

JOSÉ A. CABRANES, Circuit Judge:

Once again we consider a ease brought under the Alien Tort Statute (“ATS”), 28 U.S.C. § 1350,1 a jurisdictional provision unlike any other in American law and of a kind apparently unknown to any other legal system in the world. Passed by the first Congress in 1789, the ATS lay *116largely dormant for over 170 years. Judge Friendly called it a “legal Lohengrin” — “no one seems to know whence it came.”2 Then, in 1980, the statute was given new life, when our…

2Cases cited39 opinions

  1. Ashcroft v. IqbalSupreme Court of the United States · 2009
  2. Faragher v. City of Boca RatonSupreme Court of the United States · 1998
  3. Burlington Industries, Inc. v. EllerthSupreme Court of the United States · 1998
  4. Hagans v. LavineSupreme Court of the United States · 1974
  5. Citizens United v. Federal Election CommissionSupreme Court of the United States · 2010

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3Cited by430 opinions

  1. Licci v. Lebanese Canadian Bank SALCourt of Appeals for the Second Circuit · 2013
  2. Mohamad v. Palestinian AuthoritySupreme Court of the United States · 2012
  3. Sikhs for Justice v. NathDistrict Court, S.D. New York · 2012
  4. Kaplan v. Lebanese Canadian BankCourt of Appeals for the Second Circuit · 2021
  5. Ellul v. Congregation of Christian Bros.Court of Appeals for the Second Circuit · 2014

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