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No. 19-416October Term 2019Decided Jun 17, 2021

Docket 19-416October Term 2019 (2019–2020)

Nestlé USA, Inc. v. Doe

The key question is whether U.S. courts can hear claims that American companies helped enable child slavery abroad through general business activity at home.

Case status

Current stage
Decided
Latest event
Decision released Jun 17, 2021
Case Accepted
Arguments
Decision ReleasedJun 17, 2021
What it's about

Former child slaves from Mali sued Nestlé USA and Cargill under the Alien Tort Statute, alleging the companies helped cocoa farms in Ivory Coast use child slavery by providing money, training, and other support. The case asked whether those claims could be heard in U.S. courts when the alleged injuries happened overseas and the companies’ U.S. conduct was mainly general corporate decisionmaking.

Question presented

1. Whether an aiding and abetting claim against a domestic corporation brought under the Alien Tort Statute, 28 U.S.C. § 1350, may overcome the extraterritoriality bar where the claim is based on allegations of general corporate activity in the United States and where plaintiffs cannot trace the alleged harms, which occurred abroad at the hands of unidentified foreign actors, to that activity. 2. Whether the Judiciary has the authority under the Alien Tort Statute to impose liability on domestic corporations.

Case path

United States Court of Appeals for the Ninth Circuit / Decision released Jun 17, 2021

Area

Decided Supreme Court case

Briefing

What it's about

Former child slaves from Mali sued Nestlé USA and Cargill under the Alien Tort Statute, a federal law that lets foreign plaintiffs bring some claims in U.S. courts. They say the companies supported Ivory Coast cocoa farms that used child slavery, while the companies argue the alleged harms happened overseas and cannot be tied closely enough to U.S. conduct.

Vote

The case is still pending, and no oral argument is scheduled yet. The companies say general corporate decisionmaking in the United States is not enough to overcome limits on overseas claims, while the plaintiffs say domestic corporations can still face these suits.

Impact

The case could shape when U.S. companies can be sued in American courts for alleged human rights abuses linked to overseas supply chains. That matters for multinational businesses, foreign workers, and consumers concerned about how products like chocolate are sourced.

What's next

Watch for the Supreme Court to schedule oral argument or take another procedural step. No decision window is available yet.

What is the main legal fight in Nestlé USA, Inc. v. Doe?

The Court is being asked whether these overseas abuse claims can proceed in U.S. courts based on general corporate activity in the United States. It is also considering whether domestic corporations can be sued under the Alien Tort Statute.

Why could this case matter beyond Nestlé and Cargill?

It could affect lawsuits over alleged labor abuses in global supply chains. Companies that buy goods abroad, and workers harmed overseas, could both feel the impact.

What should readers watch for next in this case?

The next big step is whether the Court schedules oral argument. Until then, there is no clear timeline for when the justices might act.

Decision

Decision record

What the Court decided

The key question is whether U.S. courts can hear claims that American companies helped enable child slavery abroad through general business activity at home.

Impact

The case could shape when U.S. companies can be sued in American courts for alleged human rights abuses linked to overseas supply chains. That matters for multinational businesses, foreign workers, and consumers concerned about how products like chocolate are sourced.

Not official Court text.

Opinion documents

Timing

Decided June 17, 2021

The Court released its decision on June 17, 2021 without hearing oral argument.