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Torts

Notre Dame Law School

Series

2012

Articles 1 - 1 of 1

Full-Text Articles in Law

Supplemental Brief Of Professors Anthony J. Bellia Jr. And Bradford R. Clark As Amici Curiae In Support Of Respondents, Christopher J. Paolella, Anthony J. Bellia Aug 2012

Supplemental Brief Of Professors Anthony J. Bellia Jr. And Bradford R. Clark As Amici Curiae In Support Of Respondents, Christopher J. Paolella, Anthony J. Bellia

Court Briefs

No. 10-1491
Esther Kiobel v. Royal Dutch Petroleum Co.

On Writ of Certiorari to the United States Cour of Appeals for the Second Circuit

From the Summary of Argument

This case squarely presents the question whether ATS jurisdiction extends to claims solely between aliens. The plaintiffs and defendants are all aliens; no U.S. citizen or corporation has ever been a party to the case. Because the issue of party alignment under the ATS is a question of subject matter jurisdiction, the parties cannot waive it, and either the Court or a party may raise it anytime. And the question whether …