November 24, 2009

Lee G. Dunst of Gibson Dunn, writing in the New York Law Journal (PDF), reviews recent cases and concludes that the courts are tending to dismiss most actions filed under the Alien Tort Claims Act (also known as the Alien Tort Statute or Alien Tort Act), but plaintiffs are resourceful and the recent Shell settlement may incentivize more filings. "[E]ven when these cases occasionally survive dismissal, they still have not fared too well with juries at the end of the day.... However, success [for defendants] does not always come fast or easy in these cases."