No. 19-453

Cargill, Inc. v. John Doe I, et al.

Lower Court: Ninth Circuit
Docketed: 2019-10-04
Status: Judgment Issued
Type: Paid
CVSGResponse RequestedResponse WaivedRelisted (4) Experienced Counsel
Tags: aiding-and-abetting alien-tort-statute corporate-liability extraterritorial-application extraterritoriality forced-labor foreign-operations human-rights international-law
Key Terms:
AdministrativeLaw JusticiabilityDoctri
Latest Conference: 2020-07-01 (distributed 4 times)
Related Cases: 19-416 (Vide)
Question Presented (AI Summary)

Whether the presumption against extraterritorial application of the Alien Tort Statute is displaced

Question Presented (OCR Extract)

QUESTIONS PRESENTED Petitioner Cargill, Incorporated, purchases cocoa beans grown in Céte d'Ivoire. Respondents are Malian citizens who allege that, when Respondents were under the age of fourteen, Ivorian cocoa farmers subjected them to forced labor and other abuses in violation of international law. Respondents filed this putative class action under the Alien Tort Statute, 28 U.S.C. § 1350, claiming that Cargill aided and abetted the farmers’ violations of international law by purchasing cocoa from and providing financial assistance to Ivorian cocoa farmers. The questions presented are: 1. Whether the presumption against extraterritorial application of the Alien Tort Statute is displaced by allegations that a U.S. company generally conducted oversight of its foreign operations at its headquarters and made operational and financial decisions there, even though the conduct alleged to violate international law occurred in—and the plaintiffs’ suffered their injuries in—a foreign country. 2. Whether a domestic corporation is subject to liability in a private action under the Alien Tort Statute.

Docket Entries

2021-07-19
JUDGMENT ISSUED.
2020-10-27
CIRCULATED
2020-10-08
Record received from the U.S.C.A. 9th Circuit is electronic and located on PACER.
2020-10-08
Record requested from the U.S.C.A. 9th Circuit.
2020-06-29
DISTRIBUTED for Conference of 7/1/2020.
2020-06-09
DISTRIBUTED for Conference of 6/25/2020.
2020-01-13
The Solicitor General is invited to file a brief in this case expressing the views of the United States.
2019-12-23
Reply of petitioner Cargill, Incorporated filed. (Distributed)
2019-12-23
DISTRIBUTED for Conference of 1/10/2020.
2019-12-17
Letter waiving the 14-day waiting period for distribution of the petition under to Rule 15.5 filed.
2019-12-12
Brief of respondents John Doe I, et al. in opposition filed.
2019-11-19
Motion to extend the time to file a response is granted and the time is extended to and including December 12, 2019.
2019-11-14
Motion to extend the time to file a response from December 4, 2019 to December 12, 2019, submitted to The Clerk.
2019-11-04
Response Requested. (Due December 4, 2019)
2019-10-30
DISTRIBUTED for Conference of 11/15/2019.
2019-10-25
Waiver of right of respondents John Doe I, et al. to respond filed.
2019-10-02
Petition for a writ of certiorari filed. (Response due November 4, 2019)

Attorneys

Cargill, Incorporated
Andrew John PincusMayer Brown LLP, Petitioner
Andrew John PincusMayer Brown LLP, Petitioner
Chevron Corporation
Jack L. Goldsmith — Amicus
Jack L. Goldsmith — Amicus
International Law Scholars
William S. DodgeUniversity of California, Davis, School of Law, Amicus
William S. DodgeUniversity of California, Davis, School of Law, Amicus
John Doe I, et al.
Paul Lindsey HoffmanSchonbrun Seplow Harris & Hoffman LLP, Respondent
Paul Lindsey HoffmanSchonbrun Seplow Harris & Hoffman LLP, Respondent
Professors of International Law, Foreign Relations Law and Federal Jurisdiction
Samuel Estreicher — Amicus
Samuel Estreicher — Amicus
Small and Mid-Size Cocoa and Chocolate Companies
Charity Starr RyersonCorporate Accountability Lab, Amicus
The Chamber of Commerce of the United States of America, the National Foreign Trade Council, the National Association of Manufacturers, and the Organization for International Investment
John Bellinger Bellinger IIIArnold & Porter Kaye Scholer LLP, Amicus
John Bellinger Bellinger IIIArnold & Porter Kaye Scholer LLP, Amicus
The Coca-Cola Company
Pratik Arvind ShahAkin Gump Strauss Hauer & Feld, LLP, Amicus
Pratik Arvind ShahAkin Gump Strauss Hauer & Feld, LLP, Amicus
The National Confectioners Association, the World Cocoa Foundation, and the European Cocoa Association
Kevin Paul MartinGoodwin Procter LLP, Amicus
Kevin Paul MartinGoodwin Procter LLP, Amicus
Tony's Chocolonely
Charity Starr RyersonCorporate Accountability Lab, Amicus
Charity Starr RyersonCorporate Accountability Lab, Amicus
United States
Brian H. FletcherActing Solicitor General, Amicus
Brian H. FletcherActing Solicitor General, Amicus
Washington Legal Foundation
Cory L. AndrewsWashington Legal Foundation, Amicus
Cory L. AndrewsWashington Legal Foundation, Amicus