Tuesday, November 24, 2020

ATS Back in Supreme Court

Nestle and Cargill are back before the U.S. Supreme Court defending suits under the Alien Tort Statute (ATS), charging the mega-corporations with “violation[s] of the law of nations.”  

In these cases, Petitioners Nestlé USA, Inc., and Cargill, Inc. allegedly aided and abetted in the perpetration of child slavery by cocoa farmers in the Ivory Coast.  Respondents, former child slaves who were forced to labor on cocoa plantations, sued Nestlé USA and Cargill under the ATS for violating international law.  Among other things, Petitioners argue that the cases against them cannot proceed because they are corporations.  Respondents counter that domestic corporations are still subject to the ATS, despite earlier case law narrowing the viable claims against corporations under the ATS.

The case will be argued virtually on December 1.  The transcript and audio of the argument will be available soon after on the Supreme Court website.



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