Plain-English summary
Court holds judges may not create new ATS aiding-and-abetting claims; TVPA also doesn't impose such liability
The Court reversed the Ninth Circuit, ruling that federal courts may not judicially create new private causes of action under the Alien Tort Statute (ATS) for aiding and abetting, and that neither the ATS nor the Torture Victim Protection Act (TVPA) imposes aiding-and-abetting liability. The case involved claims against Cisco and other companies for providing services allegedly used in foreign human-rights abuses.
Why this matters
This ruling limits the ability of foreign victims of alleged human-rights abuses to sue U.S. companies in federal court for helping or facilitating abuses abroad. It clarifies that expanding the reach of U.S. courts to recognize new kinds of claims under the ATS must come from Congress, not from judges. The decision affects litigation strategies against corporations and could reduce domestic accountability avenues for some international human-rights claims.
Who may feel it
- Foreign victims of alleged human-rights abuses seeking to sue in U.S. courts
- U.S. and multinational companies facing ATS litigation
- Human-rights and civil-society organizations that bring or support ATS suits
- Congress and federal policymakers considering statutory reforms