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December 2015 Archives

The Second Circuit Swims Alone Against the Tide in Tossing ATS Claims against the Arab Bank

On December 8, 2015, the United States Court of Appeals for the Second Circuit upheld the District Court's dismissal of claims by plaintiffs against Arab Bank, a corporation, under the Alien Tort Statute (the "ATS") 28.U.S.C §1350 on the grounds that ATS claims may not be brought against corporations. The basis for the court's decision in In re Arab Bank, PLC Alien Tort Statute Litigation, ("The Arab Bank Case") (2d Cir. December 8, 2015) was an earlier decision, Kiobel v. Royal Dutch Petroleum Co., 621 F.3d 111 (2d to Cir, 2010), commonly referred to as "Kiobel I."