The Perils of State Human Rights Litigation

The Global Lawyer

mgoldhaber@alm.com, The American Lawyer

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Although Shell's counsel are asking the U.S. Supreme Court to affirm the Second Circuit's conclusion in Kiobel that corporations can't be held liable under the the Alien Tort Statute, they stress that corporations can still be sued under state law. What they don't stress is that, when those state claims arrive, the defense will try to eviscerate them.

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