Saturday, June 30, 2012

On June 30

On this day ...
... 1980, in Filártiga v. Peña-Irala, a decision available at 630 F.2d 876, a panel of the U.S. Court of Appeals for the 2d Circuit held that a statute initially passed in the 1st Judiciary Act of 1789 authorized Paraguayan nationals to seek damages for the torture of their brother (left), in Paraguay, at the hands of a Paraguayan official. (photo credit) The decision gave rise to many more Alien Tort Statute cases. At 1st, cases followed Filártiga's single-torturer-thug paradigm. Over time, however, plaintiffs sued both individual defendants of much higher rank and legal-person defendants, such as corporations. This led to the defense pushback about which we've frequently posted, and to the Kiobel litigation now in the U.S. Supreme Court.

(Prior June 30 posts are here, here, here, here, and here.)

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