| Jesner v. Arab Bank, PLC | |
|---|---|
 | |
| Argued October 11, 2017 Decided April 24, 2018 | |
| Full case name | Joseph Jesner, et al., Petitioners v. Arab Bank, PLC. |
| Docket no. | 16-499 |
| Citations | 584 U.S. ___ (more) 138 S. Ct. 1386; 200 L. Ed. 2d 612 |
| Argument | Oral argument |
| Case history | |
| Prior | Linde v. Arab Bank, PLC, 97 F. Supp. 3d 287 (E.D.N.Y. 2015); affirmed sub. nom., In re Arab Bank, PLC Alien Tort Statute Litig., 808 F.3d 144 (2d Cir. 2015); rehearing en banc denied, 822 F.3d 34 (2d Cir. 2016); cert. granted, 137 S. Ct. 1432 (2017). |
| Holding | |
| Foreign corporations may not be sued under the Alien Tort Statute in U.S. courts. | |
| Court membership | |
| |
| Case opinions | |
| Majority | Kennedy (Parts I, II–B–1, and II–C), joined by Roberts, Thomas, Alito, Gorsuch |
| Plurality | Kennedy (Parts II–A, II–B–2, II–B–3, and III), joined by Roberts, Thomas |
| Concurrence | Thomas |
| Concurrence | Alito (in part) |
| Concurrence | Gorsuch (in part) |
| Dissent | Sotomayor, joined by Ginsburg, Breyer, Kagan |
| Laws applied | |
| Alien Tort Statute, 28 U.S.C. § 1350 | |
Jesner v. Arab Bank, PLC, No. 16-499, 584 U.S. ___ (2018), was a case from the United States Supreme Court which addressed the issue of corporate liability under the Alien Tort Statute (ATS). Plaintiffs alleged that Arab Bank facilitated terrorist attacks by transferring funds to terrorist groups in the Middle East, some of which passed through Arab Bank's offices in New York City.
When deciding Kiobel v. Royal Dutch Petroleum the Supreme Court avoided the question of corporate liability, and the lower court's holding that ATS did not apply to foreign corporate defendants continued to have force as precedent in the Second Circuit. Accordingly, petitioner's ATS claims were dismissed by the District Court and the Supreme Court granted certiorari.[1]
At issue in this case was whether the ATS allows foreign corporations to be sued in U.S. courts. The Supreme Court held, by a 5–4 vote, that foreign corporations cannot be sued under the Alien Tort Statute.[1] The majority opinion was written by Justice Anthony Kennedy.