Monday, May 19, 2008

Solicitor General Urges Court to Refuse Review of Collateral Order Doctrine Case

On Friday, the United States Solicitor General urged the court to refuse to hear Exxon Mobil, et al., v. Doe, et al. (07-81), a lawsuit filed by Indonesians who claim guards at an Exxon Mobil natural gas plant abused them.  The appeal seeks a determination of “whether a district court’s denial of a private defendant’s motion to dismiss state-law tort claims on the ground that the litigation will interfere with the Nation’s foreign relations is immediately appealable under the collateral order doctrine.”  According to Sol. Gen. Paul Clement, the D.C. Circuit Court went too far in limiting the types of cases in which an immediate appeal may be pursued.

SCOTUS Blog has more on this case, along with a link to the government’s amicus brief, here.--Counseller/nm 

http://lawprofessors.typepad.com/civpro/2008/05/solicitor-gener.html

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