February 4, 2011

This Just In: Kiobel Petition for Rehearing En Banc Denied

Posted by Susan Farbstein and Tyler Giannini

In a 5-5 split, the Second Circuit today denied the plaintiffs’ petition for rehearing en banc in Kiobel v. Royal Dutch Petroleum Co.  We’ll be posting more soon on this crucially important case, in which the panel previously decided that corporations cannot be held liable for human rights violations under the Alien Tort Statute.  In the meantime, we’re posting today’s orders here and here; they make for fascinating reading.

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