Clifford Chance

2011 Year-In-Review: Alien Tort Statute and Torture Victim Protection Act

29 February 2012

2011 marked a dynamic year for litigation involving claims under the Alien Tort Statute (“ATS”), also known as the Alien Tort Claims Act, and the Torture Victim Protection Act (“TVPA”).  Federal courts divided on a number of important issues involving the interpretation and application of the these statutes, including whether corporations can be held liable under the ATS and TVPA, which the Supreme Court will consider during its current term in Kiobel v. Royal Dutch Petroleum Co. (ATS) and Mohamad v. Palestinian Authority (TVPA).  Additional controversial issues include the requisite mental state for aiding and abetting liability and whether the ATS applies extraterritorially.  The Supreme Court’s grants of certiorari in Kiobel and Mohamad not only guarantee that 2012 will be a landmark year in ATS and TVPA jurisprudence, but also that these issues will receive greater public attention.

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