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Joseph Jesner, et al. v. Arab Bank, PLC

Paid petition · United States Court of Appeals for the Second Circuit, No. 13-3605, 13-3620, 13-3635, 13-4650, 13-4652 · judgment December 8, 2015

Decided · April 24, 2018
At-filing estimate: 2% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

This case presents the question this Court granted certiorari to resolve, but ultimately left undecided, in Kiobel v. Royal Dutch Petroleum Co., 133 S. Ct. 1659 (2013): Whether the Alien Tort Statute, 28 U.S.C. § 1350, categorically forecloses corporate liability.

Counsel of record

For petitioner
Jeffrey L. Fisher
Stanford Supreme Court Litigation Clinic

For respondent
Paul D. Clement
Clement & Murphy, PLLC

Case

Subject area
Judicial Power (estimated from the questions presented, in the Supreme Court Database’s categories)

Conference history
Distributed for 3 conferences

Amicus briefs
4 cert-stage · 25 merits
(19 supporting pet./neither, 6 respondent)

Linked docket
16A82

Argument & decision

Argued October 11, 2017 — Jeffrey L. Fisher · Brian H. Fletcher · Paul D. Clement. Listen and read along · the Court’s audio

Decided April 24, 2018. Opinion by Kennedy.

Proceedings

  1. May 29 2018
    JUDGMENT ISSUED.
  2. Apr 24 2018
    Adjudged to be AFFIRMED. Kennedy, J., announced the judgment of the Court and delivered the opinion of the Court with respect to Parts I, II-B-1, and II-C, in which Roberts, C. J., and Thomas, Alito, and Gorsuch, JJ., joined, and an opinion with respect to Parts II-A, II-B-2, II-B-3, and III, in which Roberts, C. J., and Thomas, J., joined. Thomas, J., filed a concurring opinion. Alito, J., and Gorsuch, J., filed opinions concurring in part and concurring in the judgment. Sotomayor, J., filed a dissenting opinion, in which Ginsburg, Breyer, and Kagan, JJ., joined.
  3. Oct 11 2017
    Argued. For petitioners: Jeffrey L. Fisher, Stanford, Cal. For United States, as amicus curiae: Brian H. Fletcher, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For respondent: Paul D. Clement, Washington, D. C.
  4. Sep 25 2017
    Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
  5. Sep 08 2017
    Reply of petitioners Joseph Jesner, et al. filed. (Distributed)
  6. Aug 28 2017
    Brief amicus curiae of Union of Arab Banks filed. (Distributed)
  7. Aug 28 2017
    Brief amici curiae of Former State Department Officials filed. (Distributed)
  8. Aug 28 2017
    Brief amicus curiae of Institute of International Bankers filed. (Distributed)
  9. Aug 28 2017
    Brief amicus curiae of Central Bank of Jordan filed. (Distributed)
  10. Aug 28 2017
    Brief amicus curiae of Hashemite Kingdom of Jordan filed. (Distributed)
  11. Aug 28 2017
    Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
  12. Aug 24 2017
    Brief amici curiae of Professors of International Law, Foreign Relations Law, and Federal Jurisdiction filed. (Distributed)
  13. Aug 21 2017
    Brief of respondent Arab Bank, PLC filed. (Distributed)
  14. Aug 14 2017
    CIRCULATED.
  15. Aug 11 2017
    Record received from the U.S.C.A. 2nd Circuit. The record is electronic.
  16. Aug 01 2017
    Record requested from the U.S.C.A. 2nd Circuit.
  17. Jul 19 2017
    SET FOR ARGUMENT on Wednesday, October 11, 2017.
  18. Jun 27 2017
    Brief amicus curiae of United States in support of neither party filed.
  19. Jun 27 2017
    Brief amici curiae of Canadian International and National Law Scholars filed.
  20. Jun 27 2017
    Brief amicus curiae of Constitutional Accountability Center filed.
  21. Jun 27 2017
    Brief amici curiae of The Chamber of Commerce of the United States of America, et al. in support of neither party filed.
  22. Jun 27 2017
    Brief amici curiae of Comparative Law Scholars and Practitioners filed.
  23. Jun 27 2017
    Brief amici curiae of Jack Bloom and Alpha Capital Holdings, Inc. filed.
  24. Jun 27 2017
    Brief amicus curiae of EarthRights International filed.
  25. Jun 27 2017
    Brief amicus curiae of Yale Law School Center for Global Legal Challenges filed.
  26. Jun 27 2017
    Brief amicus curiae of Former U.S. Counterterrorism and National Security Officials filed.
  27. Jun 27 2017
    Brief amici curiae of Interfaith Center on Corporate Responsibility (ICCR), et al. filed.
  28. Jun 27 2017
    Brief amici curiae of United States Senators Sheldon Whitehouse and Lindsey Graham filed.
  29. Jun 27 2017
    Brief amici curiae of Procedural and Corporate Law Professors filed.
  30. Jun 27 2017
    Brief amici curiae of Center for Constitional Rights, et al. in support of neither party filed.
  31. Jun 27 2017
    Brief amici curiae of Financial Regulation Scholars and Former Government Officials filed.
  32. Jun 27 2017
    Brief amici curiae of International Law Scholars filed.
  33. Jun 27 2017
    Brief amici curiae of Nuremberg Scholars filed.
  34. Jun 27 2017
    Brief amici curiae of Professors of Legal History filed.
  35. Jun 26 2017
    Brief amici curiae of Ambassador David J. Scheffer, et al. filed.
  36. Jun 21 2017
    Brief amici curiae of Admiralty Law Professors, Thomas J. Schoenbaum, George Rutherglen, and Joel Samuels filed.
  37. Jun 20 2017
    Joint appendix filed (2 Volumes). (Statement of cost filed).
  38. Jun 20 2017
    Brief of petitioners Joseph Jesner, et al. filed.
  39. Jun 09 2017
    Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for respondent.
  40. May 09 2017
    Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for petitioners.
  41. Apr 27 2017
    The time to file the joint appendix and petitioners' brief on the merits is extended to and including June 20, 2017.
  42. Apr 27 2017
    The time to file respondent's brief on the merits is extended to and including August 21, 2017.
  43. Apr 27 2017
    Petitioners will file the reply brief on or before September 18, 2017.
  44. Apr 03 2017
    Petition GRANTED.
  45. Mar 27 2017
    DISTRIBUTED for Conference of March 31, 2017.
  46. Mar 08 2017
    DISTRIBUTED for Conference of March 24, 2017.
  47. Jan 10 2017
    Rescheduled.
  48. Dec 28 2016
    DISTRIBUTED for Conference of January 13, 2017.
  49. Dec 22 2016
    Reply of petitioners Joseph Jesner, et al. filed.
  50. Dec 14 2016
    Brief of respondent Arab Bank, PLC in opposition filed.
  51. Nov 14 2016
    Brief amici curiae of International Law Scholars filed.
  52. Nov 14 2016
    Brief amicus curiae of Senator Sheldon Whitehouse filed.
  53. Nov 14 2016
    Brief amici curiae of Jack Bloom and Alpha Capital Holdings, Inc. filed.
  54. Nov 11 2016
    Brief amici curiae of Professors of Legal History William R. Casto, et al. filed.
  55. Oct 28 2016
    Order extending time to file response to petition to and including December 14, 2016.
  56. Oct 14 2016
    Consent to the filing of amicus curiae briefs in support of either party or of neither party, received from counsel for petitioners.
  57. Oct 05 2016
    Petition for a writ of certiorari filed. (Response due November 14, 2016)
  58. Jul 22 2016
    Application (16A82) granted by Justice Ginsburg extending the time to file until October 6, 2016.
  59. Jul 20 2016
    Application (16A82) to extend the time to file a petition for a writ of certiorari from August 7, 2016 to October 6, 2016, submitted to Justice Ginsburg.