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Supreme Court Hears Oral Arguments in Nestlé v. Doe and Cargill v. Doe
Sacks of cocoa harvested for Nestlé in the Ivory Coast (Nestlé, https://tinyurl.com/yxl2zgbw; CC BY-NC-ND 2.0, https://creativecommons.org/licenses/by-nc-nd/2.0/).
On Dec. 1, 2020, the Supreme Court heard oral arguments in Nestlé USA, Inc. v. Doe I (and the companion case Cargill, Inc. v. Doe I) to determine when a U.S. company can be sued for alleged violations of international human rights abroad under the Alien Tort Statute (ATS). This case addresses two questions relating to the ATS: First, does the ATS allow plaintiffs to overcome the traditional bar on extraterritorial application in a case alleging an American corporation aided and abetted slavery and forced labor abroad? And second, does the judiciary have the authority under the ATS to impose liability on a domestic corporation?