Tuesday, July 19, 2011

Seventh Circuit Says Corporations Can Be Liable Under ATS

Last week, the US Court of Appeals for the Seventh Circuit held that corporations can be liable for violations of customary international law under the Alien Tort Statute. The decision in the case of Flomo v. Firestone is at odds with the decision of the Second Circuit last year in Kiobel, increasing the likelihood that the issue will go to the US Supreme Court. Unfortunately for plaintiffs, however, the court held that they did not prove that Firestone Corporation violated a well established norm of customary international law through the use of children on rubber plantations in Liberia. The full name of the case is Boimah Flomo v. Firestone Natural Rubber Co., No. 10-3675 (July 11, 2011). (cgb)


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