For decades, Howrey attorneys have litigated some of the most prominent Alien Tort Statue (ATS) cases of the day, assisting US corporations to respond successfully to unprecedented claims of human rights abuses, environmental damage and improprieties in corporate governance. Whether an ATS claim calls for technical, environmental, economic or other substantive expertise, wherever the claim may originate, Howrey can immediately mobilize a case team with deep substantive knowledge, global perspective and proven trial expertise.

ATS law is unsettled and plaintiffs frequently bring these claims in an effort to change accepted notions of corporate responsibility, which may explain why so many ATS cases are subject to serial appellate challenge. In anticipation of that possibility, Howrey frequently includes experienced appellate lawyers on a case team at the outset of a matter. When Howrey’s clients become the target of an ATS suit, the firm’s international platform, strategic focus and world-class, trial-ready capability provides a powerful, effective response.

Representative Matters

• Corrie v. Caterpillar Inc. Defended Caterpillar against allegations of violations of the Alien Tort Statue and Torture Victim’s Protection Act based on the death and injury of plaintiffs and their relatives arising from Israeli Defense Forces’ use of Caterpillar-manufactured bulldozers to demolish homes in the Palestinian Territories. Howrey obtained complete dismissal in district court, which the Ninth Circuit affirmed.
• Doe v. Unocal Corp. Represented Unocal in claims relating to actions allegedly undertaken by Myanmar military in connection with the construction of a natural gas pipeline across Myanmar, obtaining dismissal in District Court. The Ninth Circuit initially reversed dismissal of the claims and then granted Unocal’s petition for rehearing en banc. The appeal was later dismissed, based on the USSC opinion in Sosa v. Alvarez-Machain (2004). A follow-on action in state court was ultimately settled.
• Gschwind v. Cessna Aircraft Co. Represented Cessna in a successful opposition to petition for certiorari contesting dismissal on forum non conveniens grounds.
• Provincial Government of Marinduque v. Placer Dome Inc. et al. Represented Barrick Gold Corporation against allegations brought by Province of Marinduque, part of the Republic of the Philippines. Province of Marinduque sued under various Philippine environmental statutes for damages allegedly caused by copper mining operations. Dismissal was granted on forum non conveniens grounds, which is currently on appeal to the Ninth Circuit.
• Sun-Times Media Group Inc. et al. v. Royal & Sunalliance Insurance Company of Canada et al. Represented Sun-Times Media Group in seeking D&O insurance coverage for the company and its directors for securities claims arising out of the Lord Conrad Black controversy. Favorable settlement followed denial of carriers’ forum non conveniens motion.
• Digwamaje, et al v. The Coca-Cola Company, Caterpillar Inc., et al. Represented co-defendants Coca-Cola and Caterpillar against allegations that each company engaged in business practices that furthered the South African apartheid regime, which plaintiffs asserted provided grounds for liability under the ATS and RICO. Both clients were successfully dismissed from the lawsuit.