Supreme Court Grants Cert. in Kiobel and Mohamad
Last week I wrote that the Supreme Court’s docket of international law cases was thin, thin, thin. Today the Court granted certiorari in two blockbuster cases, Kiobel v. Royal Dutch Petroleum/Shell and Mohamad v. Rajoub.
The Question Presented in Kiobel is:
“(1) Whether the issue of corporate civil tort liability under the Alien Tort Statute, 28 U.S.C. § 1350, is a merits question or instead an issue of subject matter jurisdiction; and
(2) whether corporations are immune from tort liability for violations of the law of nations such as torture, extrajudicial executions or genocide or may instead be sued in the same manner as any other private party defendant under the ATS for such egregious violations.”
The Question Presented in Mohamad is:
“whether the Torture Victim Protection Act of 1991 permits actions against defendants that are not natural persons.”
The Court announced that the two cases are to be argued in tandem.