In the U.S. Supreme Court decision in Jesner v. Arab Bank, Justice Samuel Alito’s concurring opinion cited an amicus curiae brief signed by Julian Ku, the Maurice A. Deane Distinguished Professor of Constitutional Law, and nine other professors of international law, foreign relations law, and federal jurisdiction.
In the April 24 decision, the Court held that litigants can’t use the Alien Tort Statute to sue foreign corporations for overseas human rights abuses and violence, ending a case attempting to hold a Jordanian bank liable for its alleged financing of Palestinian militant attacks.
In a 5-4 ruling by Justice Anthony M. Kennedy, the Court affirmed a Second Circuit decision to dismiss a lawsuit against Arab Bank PLC, a Jordanian financial institution with a branch in New York, over claims that it helped facilitate transactions that benefited terrorists who committed overseas attacks.
Read the amicus curiae brief (PDF) on the SCOTUSblog website.
Read the Court’s decision (PDF) on the Supreme Court website. (Justice Alito’s concurring opinion starts on page 37 of the PDF file.)