Corporate Liability Under the ATCA: Rio Tinto Revisited

On October 25, 2011 the United States Court of Appeals for the Ninth Circuit, sitting en banc, decided Sarei v. Rio Tinto, PLC on Oct. 25, 2011 in an opinion written by Judge Schroeder. Rio Tinto V, No. 02-56256, slip op. (9th Cir. 2011), Sarei v. Rio Tinto, PLC (Rio Tinto V), __ F.3d. __, 2011 WL 5041927 (9th Cir. Oct. 25, 2011).

With regard to the applicability of the Alien Tort Statute, 28 U.S.C. §1350, to corporations, the court addressed two issues:

1. "whether the [Alien Tort Statute] itself bars all corporate liability, and to the extent it applies to private actors, permits liability only as to individuals" Rio Tinto V, slip op. at 19339 , __ F.3d at *6. and
2. "whether, if there is no overall statutory bar to corporate liability, the particular internationally accepted norm alleged to have been violated recognizes corporate liability." Rio Tinto V, slip op. at 19339 , __ F.3d at *6.

July 2011 Bar Results

The results of the July 2011 Nevada Bar Examination are in. Congratulations to all of the new members of the State Bar of Nevada who were sworn in at the October 19, 2011 ceremony in Reno and the October 21, 2011 ceremony in Las Vegas and to everyone who passed the bar exam!

Here are some of statistics:

U.S. Supreme Court Takes Up Issue of Corporate Liability for Human Rights Violations

On October 17, 2011, the U.S. Supreme Court granted certiorari in Kiobel v. Royal Dutch Petroleum, 621 F.3d 111 (2d Cir. 2010), cert. granted, 80 U.S.L.W. 3237 (U.S. Oct. 17, 2011) (No. 10-1491). and Mohamad v. Rajoub, 634 F.3d 604 (D.C. Cir. 2011), cert. granted, 80 U.S. L.W. 3059 (U.S. Oct. 17, 2011)(No. 11-88). The cases are to be argued in tandem.