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Nestlé USA, Inc. v. John Doe I, et al.

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 17-55435 · judgment July 5, 2019

Decided · June 17, 2021
Pre-decision estimate: 40% cert probability (95% interval 32%–47%)

Before the decision, about 9.6× the 4.1% base rate. The model weighted this up for counsel who has won certiorari before, a Ninth Circuit decision below, and a circuit split argued in the petition.

Questions presented

Consolidated with 19-453.

  1. Whether an aiding and abetting claim against a domestic corporation brought under the Alien Tort Statute, 28 U.S.C. § 1350, may overcome the extraterritoriality bar where the claim is based on allegations of general corporate activity in the United States and where plaintiffs cannot trace the alleged harms, which occurred abroad at the hands of unidentified foreign actors, to that activity.

  2. Whether the Judiciary has the authority under the Alien Tort Statute to impose liability on domestic corporations.

Counsel of record

For petitioner
Neal Kumar Katyal
Milbank LLP

For respondent
Paul Lindsey Hoffman
SSHHZ LLP

Case

Conference history
Distributed for 4 conferences

Amicus briefs
7 cert-stage · 25 merits
(7 supporting pet./neither, 18 respondent)

Related
Vide, 19-453

Argument & decision

Argued December 1, 2020 — Neal K. Katyal · Paul L. Hoffman. Audio and transcript

Decided June 17, 2021.

Proceedings

  1. Aug 18 2021
    Motion to tax cost award and waive costs for indigent respondents filed by respondents. (Electronically submitted on 8/2/21.) VIDED.
  2. Aug 12 2021
    Response to motion to tax cost award and waive costs for indigent respondents filed by petitioner Nestlé USA, Inc.
  3. Aug 12 2021
    Response to motion to tax cost award and waive costs for indigent respondents filed by petitioner Cargill, Inc. VIDED
  4. Jul 19 2021
    JUDGMENT ISSUED.
  5. Jun 17 2021
    Judgment REVERSED and case REMANDED. Thomas, J., announced the judgment of the Court and delivered the opinion of the Court with respect to Parts I and II, in which Roberts, C. J., and Breyer, Sotomayor, Kagan, Gorsuch, Kavanaugh, and Barrett, JJ., joined, and an opinion with respect to Part III, in which Gorsuch and Kavanaugh, JJ., joined. Gorsuch, J., filed a concurring opinion, in which Alito, J., joined as to Part I, and in which Kavanaugh, J., joined as to Part II. Sotomayor, J., filed an opinion concurring in part and concurring in the judgment, in which Breyer and Kagan, JJ., joined. Alito, J., filed a dissenting opinion. VIDED.
  6. Dec 01 2020
    Argued. For petitioners: Neal K. Katyal, Washington, D. C.; and Curtis E. Gannon, Deputy Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondents: Paul L. Hoffman, Hermosa Beach, Cal. VIDED.
  7. Nov 13 2020
    Reply of petitioner Nestlé USA, Inc. filed. VIDED. (Distributed)
  8. Nov 13 2020
    Reply of petitioner Cargill, Inc. filed. VIDED. (Distributed)
  9. Nov 02 2020
    Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. Justice Barrett took no part in the consideration or decision of this motion.
  10. Oct 27 2020
    CIRCULATED
  11. Oct 21 2020
    Brief amicus curiae of Center for Global Justice filed. VIDED.
  12. Oct 21 2020
    Brief amicus curiae of Tony's Chocolonely filed. VIDED.
  13. Oct 21 2020
    Brief amici curiae of Access Now, et al. filed. VIDED.
  14. Oct 21 2020
    Brief amici curiae of Foreign Lawyers filed. VIDED.
  15. Oct 21 2020
    Brief amici curiae of Center for Justice & Accountability and Human Rights First filed. VIDED.
  16. Oct 21 2020
    Brief amici curiae of Small and Mid-Size Cocoa and Chocolate Companies filed. VIDED.
  17. Oct 21 2020
    Brief amici curiae of International Law Scholars filed. VIDED.
  18. Oct 21 2020
    Brief amici curiae of Former Government Officials filed. VIDED.
  19. Oct 21 2020
    Brief amici curiae of International Law Scholars, Former Diplomats, and Practitioners filed. VIDED.
  20. Oct 21 2020
    Brief amicus curiae of Constitutional Accountability Center filed. VIDED.
  21. Oct 21 2020
    Brief amici curiae of International Human Rights Organizations filed. VIDED.
  22. Oct 21 2020
    Brief amici curiae of Oxfam America, et al. filed. VIDED.
  23. Oct 21 2020
    Brief amicus curiae of Grant & Eisenhofer ESG Institute filed.
  24. Oct 21 2020
    Brief amici curiae of Professors of Legal History, et al. filed. VIDED. (Distributed)
  25. Oct 21 2020
    Brief amici curiae of Members of Congress Senator Blumenthal, Representative Smith, et al. filed. VIDED. (Distributed)
  26. Oct 21 2020
    Brief amici curiae of Nuremberg Scholars filed. (Distributed)
  27. Oct 20 2020
    Brief amicus curiae of EarthRights International filed. VIDED.
  28. Oct 20 2020
    Brief amicus curiae of Yale Law School Center for Global Legal Challenges filed. VIDED.
  29. Oct 19 2020
    Brief of respondents in 19-453 (response to merits brief of Cargill, Inc.) filed. VIDED.
  30. Oct 14 2020
    Brief of respondents in 19-416 (response to merits brief of Nestle USA, Inc.) filed. VIDED.
  31. Oct 08 2020
    Record requested from the U.S.C.A. 9th Circuit.
  32. Oct 08 2020
    Record received from the U.S.C.A. 9th Circuit is electronic and located on PACER.
  33. Sep 29 2020
    Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed. VIDED.
  34. Sep 16 2020
    SET FOR ARGUMENT on Tuesday, December 1, 2020. VIDED.
  35. Sep 08 2020
    Brief amici curiae of The Chamber of Commerce of the United States of America, et al. filed. VIDED.
  36. Sep 08 2020
    Brief amicus curiae of The Coca-Cola Company filed. VIDED.
  37. Sep 08 2020
    Brief amici curiae of Washington Legal Foundation and Allied Educational Foundation filed. VIDED.
  38. Sep 08 2020
    Brief amicus curiae of Cato Institute filed. VIDED.
  39. Sep 08 2020
    Brief amici curiae of The World Cocoa Foundation, et al. filed. VIDED.
  40. Sep 08 2020
    Brief amicus curiae of United States filed. VIDED.
  41. Sep 08 2020
    Brief amici curiae of Professors of International Law, Foreign Relations Law and Federal Jurisdiction filed. VIDED.
  42. Aug 31 2020
    Joint appendix filed. (Statement of costs filed.) VIDED.
  43. Aug 31 2020
    Brief of petitioner Nestlé USA, Inc. filed. VIDED.
  44. Aug 31 2020
    Brief of petitioner Cargill, Inc. filed. VIDED.
  45. Aug 27 2020
    Blanket Consent filed by Petitioner, Nestlé USA, Inc.
  46. Aug 26 2020
    Blanket Consent filed by Respondent, John Doe I, et al. VIDED.
  47. Jul 22 2020
    Motion for an extension of time to file the briefs on the merits filed. VIDED.
  48. Jul 22 2020
    Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioners' briefs on the merits is extended to and including August 31, 2020. The time to file respondents' brief on the merits is extended to and including October 14, 2020. VIDED.
  49. Jul 02 2020
    Petition GRANTED. The petition for a writ of certiorari in No. 19-453 is granted. The cases are consolidated, and a total of one hour is allotted for oral argument. VIDED.
  50. Jul 02 2020
    Because the Court has consolidated these cases for briefing and oral argument, future filings and activity in the cases will now be reflected on the docket of No. 19-416. Subsequent filings in these cases must therefore be submitted through the electronic filing system in No. 19-416. Each document submitted in connection with one or more of these cases must include on its cover the case number and caption for each case in which the filing is intended to be submitted. Where a filing is submitted in fewer than all of the cases, the docket entry will reflect the case number(s) in which the filing is submitted; a document filed in all of the consolidated cases will be noted as “VIDED.”
  51. Jun 29 2020
    DISTRIBUTED for Conference of 7/1/2020.
  52. Jun 09 2020
    DISTRIBUTED for Conference of 6/25/2020.
  53. Jun 04 2020
    Supplemental brief of petitioner Nestlé USA, Inc. filed. (Distributed)
  54. May 26 2020
    Brief amicus curiae of United States filed. VIDED.
  55. Jan 13 2020
    The Solicitor General is invited to file a brief in this case expressing the views of the United States.
  56. Dec 23 2019
    DISTRIBUTED for Conference of 1/10/2020.
  57. Dec 23 2019
    Reply of petitioner Nestlé USA, Inc. filed. (Distributed)
  58. Dec 13 2019
    Letter waiving the 14-day waiting period for the distribution of the petition pursuant to Rule 15.5 filed.
  59. Dec 12 2019
    Brief of respondents John Doe I, et al. in opposition filed.
  60. Nov 19 2019
    Motion to extend the time to file a response is granted and the time is extended to and including December 12, 2019.
  61. Nov 14 2019
    Motion to extend the time to file a response from December 4, 2019 to December 12, 2019, submitted to The Clerk.
  62. Nov 04 2019
    Response Requested. (Due December 4, 2019)
  63. Oct 30 2019
    DISTRIBUTED for Conference of 11/15/2019.
  64. Oct 28 2019
    Brief amicus curiae of The Coca-Cola Company filed. VIDED.
  65. Oct 28 2019
    Brief amicus curiae of Washington Legal Foundation filed. VIDED.
  66. Oct 28 2019
    Brief amicus curiae of Chevron Corporation filed. VIDED.
  67. Oct 28 2019
    Brief amici curiae of The Chamber of Commerce of the United States of America, et al. filed. VIDED.
  68. Oct 28 2019
    Brief amici curiae of The National Confectioners Association, the World Cocoa Foundation, and the European Cocoa Association filed. VIDED.
  69. Oct 28 2019
    Brief amicus curiae of CATO INSTITUTE filed. (Distributed)
  70. Oct 25 2019
    Waiver of right of respondents John Doe I, et al. to respond filed.
  71. Oct 23 2019
    Blanket Consent filed by Respondents, John Doe I, et al. VIDED
  72. Sep 25 2019
    Petition for a writ of certiorari filed. (Response due October 28, 2019)