Constitutional Law Reporter
Award
Menu
  • Home
  • US Constitution
  • Supreme Court Cases
  • Justices
    • Chief Supreme Court Justices
    • Current Supreme Court Justices
    • Past US Supreme Court Justices
  • American Biographies
    • General
    • Presidents
    • Vice-Presidents
    • First Ladies
    • Signers of the U.S. Constitution
    • Signers of the Declaration of Independence
    • Delegates of the U.S. Constitution
    • Misc – Great American Bios
  • Articles
    • Current Cases
    • Historical Cases
    • Impeachment
  • Videos
  • Links
Hot-Topics

September 16, 2025 | SCOTUS Rejects Challenge to South Carolina’s Exclusion of Planned Parenthood from State Medicaid Program

Jesner v Arab Bank: SCOTUS to Address Corporate Liability Under the Alien Tort Statute

In Jesner v Arab Bank, PLC, the Supreme Court will consider whether liability under the Alien Tort Statute extends to corporate defendants. The decision will significantly impact whether corporations can be held liable in U.S. courts for human rights violations committed abroad.

Alien Tort Statute

The Alien Tort Statute, which dates to 1789, states that U.S. courts shall have jurisdiction over any civil lawsuit “by an alien for a tort only, committed in violation of the law of nations or a treaty of the United States.” The law was relatively unheard of until the 1980s, when it was used to pursue human rights violations overseas.

In Sosa v. Álvarez-Machain, the Supreme Court ruled that the Alien Tort Statute could be used to bring certain well-established international law violations, but did not determine who could be held accountable for those violations. As a result, a circuit split has developed regarding whether corporations can be sued under the law.

In Kiobel v. Royal Dutch Petroleum Co., 133 S. Ct. 1659 (2013), the Court granted certiorari to consider whether the Alien Tort Statute allows lawsuits against corporations. However, it resolved that case based on the presumption against extraterritoriality. “Even where the claims touch and concern the territory of the United States, they must do so with sufficient force to displace the presumption against extraterritorial application,” Chief Justice John Roberts wrote.

Facts of Jesner v Arab Bank

In Jesner v Arab Bank, the plaintiffs allege that Arab Bank, which is based in Jordan, knowingly used its New York branch to collect donations, transfer money, and serve as a “paymaster” for international terrorists. According to their lawsuit, the Bank distributed millions of dollars in payments to finance suicide bombings and to make so-called “martyrdom” payments – those rewarding families of the perpetrators for killing innocent civilians.

 

The Second Circuit held that the Alien Tort Statute forecloses corporate liability regardless of what activities a corporation conducts within this country. Acknowledging that there is growing consensus that the statute may allow for corporate liability, the federal appeals court noted that the Supreme Court should ultimately decide the issue.

 

Issues Before the Supreme Court

The Court has agreed to consider addressing the issue it left unresolved in Kiobel. The justices will specifically answer the following question: “Whether the Alien Tort Statute, 28 U.S.C. § 1350, categorically forecloses corporate liability.”

Oral arguments are scheduled for October 11, 2017. We will post updates to this blog as they occur.

Previous Articles

SCOTUS Rules Death Row Inmate Has Standing to Challenge Post Conviction DNA Testing Procedures
by DONALD SCARINCI on September 11, 2025

In Gutierrez v. Saenz, 606 U.S. ____ (2025), the U.S Supreme Court ruled that a death row inmate ha...

Read More
Supreme Court Clarifies Applicability of First Step Act to Vacated Sentences
by DONALD SCARINCI on September 4, 2025

In Hewitt v. United States, 606 U.S. ____ (2025), a divided U.S. Supreme Court held that the First ...

Read More
SCOTUS Rules E-Cigarette Retailers Can Challenge FDA Order in Fifth Circuit
by DONALD SCARINCI on

In FDA v. R. J. Reynolds Vapor Co., 606 U.S. ____ (2025), the U.S. Supreme Court held that e-cigare...

Read More
All Posts

The Amendments

  • Amendment1
    • Establishment ClauseFree Exercise Clause
    • Freedom of Speech
    • Freedoms of Press
    • Freedom of Assembly, and Petitition
    Read More
  • Amendment2
    • The Right to Bear Arms
    Read More
  • Amendment4
    • Unreasonable Searches and Seizures
    Read More
  • Amendment5
    • Due Process
    • Eminent Domain
    • Rights of Criminal Defendants
    Read More

Preamble to the Bill of Rights

Congress of the United States begun and held at the City of New-York, on Wednesday the fourth of March, one thousand seven hundred and eighty nine.

THE Conventions of a number of the States, having at the time of their adopting the Constitution, expressed a desire, in order to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses should be added: And as extending the ground of public confidence in the Government, will best ensure the beneficent ends of its institution.

Read More

More Recent Posts

  • Supreme Court Clarifies Applicability of First Step Act to Vacated Sentences
  • SCOTUS Rules E-Cigarette Retailers Can Challenge FDA Order in Fifth Circuit
  • Supreme Court Expands Judicial Review of Agency Actions
  • Supreme Court Pauses Order Reinstating CPSC Commissioners

Constitutional Law Reporter Twitter

A Twitter List by S_H_Law

Constitutional Law Reporter RSS

donald scarinci constitutional law attorney

Editor

Donald Scarinci

Managing Partner

Scarinci Hollenbeck

(201) 806-3364

Awards


Follow me

© 2018 Scarinci Hollenbeck, LLC. All rights reserved.

Prior results do not guarantee a similar outcome. Attorney Advertising