Alien Torts Statute: Business Liable for State Acts

The violation of human rights may be sanctioned by U.S. courts. Even if they involve non-American corporations and human rights violations by foreign nations, claims find their way to American courts.

But the latter will not necessarily remain there, as the new decision from the United States Court of Appeals for the Second Circuit illustrates with its October 2, 2009 dismissal in the matter The Presbyterian Church of Sudan et al. v. Talisman Energy, Inc., docket number 07-0016.

The complaint is based on the Alien Tort Statute, 28 USC § 1350. The dismissal of the suit against the Canadian defendent corporation concludes a detailed legal analysis which the court summarized:

We hold that under the principles articulated by the United States Supreme Court in Sosa v. Alvarez-Machain, 542 U.S. 692 (2004), the standard for imposing accessorial liability under the ATS must be drawn from international law; and that under international law, a claimant must show that the defendant provided substantial assistance with the purpose of facilitating the alleged offenses. Applying that standard, we affirm the district court's grant of summary judgment in favor of Talisman, because plaintiffs presented no evidence that the company acted with the purpose of harming civilians living in southern Sudan. Id. 8.

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