Overview

The Second Circuit Court of Appeals, in a majority decision issued in an action brought against Shell alleging complicity in human rights violations in Nigeria, has held that because corporate liability is not recognised under customary international law, federal courts do not have jurisdiction to hear cases brought against corporations under the US Alien Tort Statute.

This briefing by Hogan Lovells examines the implications of the decision, and concludes that unless and until the majority's decision is overturned by the full Second Circuit, or by the Supreme Court, plaintiffs may no longer bring ATS claims against corporate defendants in the Second Circuit.

To read on click ‘View Briefing’