...against US companies. Even in purely universal jurisdiction cases, the Court should respect exceptions to exhaustion recognized by international law. An exhaustion requirement seems likely. In the Kiobel oral argument on the
extraterritorial reach of the ATS, three Justices likely to support
extraterritorial reach — Ginsburg, Kagan and Sotomayor — asked questions sympathetic to an exhaustion requirement (Tss. at 8, 13-15). In response, Paul Hoffman, plaintiffs’ counsel, appeared open to an exhaustion requirement (Tss. at 13-14). No Justice or counsel spoke against an exhaustion requirement; even two Justices generally hostile...