RICO Did Not Intend to Rebut the Presumption Against Extraterritoriality

On June 20, 2016, the Supreme Court of the United States handed down its opinion in RJR Nabisco, Inc. et al. v. European Community et al., recognizing that in some cases the Racketeer Influenced and Corrupt Organizations Act (“RICO”) may have extraterritorial application. The Court further held that in order to bring a private cause … Read more

Kiobel and the Future International Human Rights

The recent United States Supreme Court decision dismissing all the plaintiffs’ claims in Kiobel v. Royal Dutch Petroleum has drawn attention and mixed reactions from the international human rights community.  The Kiobel decision closed the shop for foreign plaintiffs suing foreign defendants for alleged torts committed abroad. Many international scholars, such as Second Circuit Judge … Read more

Kiobel Oral Argument: Piracy May Spell Trouble for Shell

The Supreme Court opened up its October term with a healthy dose of international law in Kiobel v. Royal Dutch Shell. The petitioner, Esther Kiobel, is bringing suit against Royal Dutch Shell (Shell) alleging that the oil company aided and abetted the Nigerian government in committing gross human rights violations in the oil rich Ogoni … Read more