Chamber's Litigation Center Urges Compliance With High-Court's Limitations on Alien Tort Cases

WASHINGTON, D.C.—The U.S. Court of Appeals for the Second Circuit should uphold a district court's dismissal of claims brought by Vietnam nationals against U.S. corporations under the Alien Tort Statue (ATS) for harm suffered from the defoliant Agent Orange during the Vietnam War, according to an amicus brief filed today by the National Chamber Litigation Center (NCLC) in the case of Vietnam Association for Victims of Agent Orange/Dioxin et al. v. Dow Chemical et al.

"Not only should the court affirm the decision to dismiss these spurious claims, it should also reject the judge's misguided opinions on the scope of liability under ATS that had already been substantially narrowed by the U.S. Supreme Court," said NCLC's Senior Vice President Robin Conrad.

The judge reached the right result in dismissing the case, but improperly opined on corporate liability under ATS and time limits for filing suits inconsistent with the Supreme Court's opinion in Sosa v. Alvarez-Machain, according to the Chamber.

"Because the plaintiffs cannot find their cause of action in international law or federal statutory law, they are asking U.S. courts to create a federal common-law cause of action for damages," said Conrad. "That's wrong. ATS lawsuits have the potential to cause diplomatic friction between governments, as well as stifle trade and foreign investment."

The ATS was enacted in 1789 to address a very limited set of criminal offenses: violations of safe conduct, offenses against ambassadors, and piracy. NCLC urged the courts to proceed cautiously in developing a federal common law of liability under the ATS for violations of international law and to make clear that statutes of limitations for civil liability do apply in such cases. NCLC also pointed out that international law applies to countries and in some instances to individuals, but does not extend liability to corporations.

NCLC, a membership organization that advocates fair treatment of business in the courts and before regulatory agencies, is the public policy law firm of the U.S. Chamber of Commerce. The Chamber is the world's largest business federation representing more than 3 million businesses and organizations of every size, sector, and region.

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