Adhikari v. Kellogg Brown & Root, Incorporated, et al.

U.S. Chamber Urges Rejection of Extraterritorial Application of the Alien Tort Statute

U.S. Chamber's Position: 

In its brief, the U.S. Chamber urged the Fifth Circuit to uphold a District Court decision that rejected Plaintiffs’ extraterritorial application of the Alien Tort Statute (“ATS”). The brief argued that the Plaintiffs’ ambiguous and multi-factor approach to applying the ATS conflicts with Kiobel, in which the Supreme Court required that the conduct giving rise to the cause of action must have occurred in the United States. The brief also argued that expanding the scope of the ATS to conduct abroad will deter cross-border investment and harm international commerce.

Andrew J. Pincus, Archis A. Parasharami, and Kevin S. Ranlett of Mayer Brown LLP served as co-counsel for the U.S. Chamber of Commerce on behalf of the U.S. Chamber Litigation Center.

Case Outcome: 

This case has not been decided yet.

Procedural History: 

U.S. Chamber amicus brief filed 12/2/2015.