Company liability for abuses
Jesner v. Arab Bank
In brief
The Supreme Court upheld the Second Circuit's ruling in Arab Bank's case.
- Where it stands
- Decided
Decided 5-4 · April 24, 2018 · Opinion by Justice Thomas
- What it’s about
- Survivors and relatives of people killed in attacks sued Jordan-based Arab Bank, alleging it helped finance terrorist groups; the Supreme Court agreed with the Second Circuit (affirmed), leaving in place its ruling that the Alien Tort Statute does not allow lawsuits against foreign corporations.
- Who it affects
- The Second Circuit's ruling remains in place in the case brought by the survivors and relatives against Arab Bank.
Summary: written with AI from the case record.
What it's about
The survivors and relatives alleged that Arab Bank helped finance terrorist groups.
The Alien Tort Statute was the law the plaintiffs used to bring their claims against Arab Bank.
Question presented
Whether the Alien Tort Statute, 28 U.S.C. § 1350, categorically forecloses corporate liability?
What the Court decided
Holding
Adjudged to be AFFIRMED. Kennedy, J., announced the judgment of the Court and delivered the opinion of the Court with respect to Parts I, II-B-1, and II-C, in which Roberts, C. J., and Thomas, Alito, and Gorsuch, JJ., joined, and an opinion with respect to Parts II-A, II-B-2, II-B-3, and III, in which Roberts, C. J., and Thomas, J., joined. Thomas, J., filed a concurring opinion. Alito, J., and Gorsuch, J., filed opinions concurring in part and concurring in the judgment. Sotomayor, J., filed a dissenting opinion, in which Ginsburg, Breyer, and Kagan, JJ., joined.
- Result
- Affirmed
The vote
- Joined the judgment
- Dissented
- Wrote an opinion
- Majority · 5joined the Court's opinion
What's next
The Supreme Court has finished its review, and the Second Circuit's ruling remains in place.
Documents
Docket activity
New analysis added
AI analysis generated: Case Briefing
AI analysis generated: Decision Record
Case data updated: summary, question_presented, generation_metadata
Case data updated: question_presented, extraction_metadata
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Opinion added: Jesner
Opinion added: opinion
Brief added: Questions Presented
Sources
Primary materials plus reporting. Best-effort analysis: this explainer relies on a mix of primary materials and trusted secondary sources. Official filings and opinions remain authoritative.