Skip to main content
Search
Cart 0
0

User account menu

  • Sign In

Main navigation

Sign In
  • About us
    • About ALI Overview
    • Frequently Asked Questions
    • Governance
      • Governance
      • Officers
      • Council
      • Committees
        • Committees
        • Special Committees
        • Joint Committees
    • Awards
      • Awards
      • Henry J. Friendly Medal
      • John Minor Wisdom Award
      • Distinguished Service Award
      • Reporter's Chairs
      • Early Career Scholars Medal
    • Contact Us
      • Contact Us
      • ALI Staff
      • Employment Opportunites
    • ALI CLE
    • Video Library
  • Publications
    • All Publications
    • Get Email Updates
    • Trial Manual Electronic Publication
    • Style Manual
    • Reprint Permission
    • Publications FAQ
    • Customer Service
  • Projects
    • All Projects
    • Project Life Cycle
    • Style Manual
  • Meetings
    • All Meetings
    • Health and Safety
  • Members
    • Members Overview
    • About Our Members
      • About Our Members
      • In Memoriam
      • Regional Advisory Groups
      • Milestones
      • Newly Elected Members
    • Member Directory
    • Make a Gift
    • Membership FAQ
  • Giving
    • Giving Overview
    • Annual Fund
    • 100 for 100
    • Member Giving Circles
    • Life Member Class Gift
      • Life Member Class Gift
      • 2000 Life Member Class Gift
      • 1999 Life Member Class Gift
    • Sustaining Members
    • Ways to Give
    • Planned Giving
    • Law Firm Giving
    • Fundraising Disclosure Statement
    • Contact Us
  • News
    • News
    • Quarterly Newsletter
    • Podcast
    • Press Releases
    • Video Library
    • Annual Reports
    • ALI In the Courts
    • ALI CLE Programs
Donate
  1. Home
  2. News
  3. U.S. Supreme Court Dissent Cites Restatements Third and Second of Torts
Home U.S. Supreme Court Dissent Cites Restatements Third and Second of Torts
  1. News
In the Courts

U.S. Supreme Court Dissent Cites Restatements Third and Second of Torts

June 17, 2021
Image SCOTUS-2.jpg

Dissenting Associate Justice Samuel Alito cites the Restatement Third of Torts: Liability for Economic Harm § 28 and Restatement Second of Torts § 876.

In Nestle USA, Inc. v. Doe, No. 19-416 (June 17, 2021), six individuals from Mali who were allegedly trafficked as child slaves to produce cocoa on farms in Ivory Coast—a West-African country also known as Côte d’Ivoire—filed claims under the Alien Tort Statute (ATS) against two U.S.-based companies that purchase, process, and sell cocoa from the farms, alleging that the companies’ provision of technical and financial resources to the farms, including training, fertilizer, tools, and cash, in exchange for the exclusive right to purchase cocoa constituted aiding and abetting child slavery.

The district court dismissed the suit after the U.S. Supreme Court held in Kiobel v. Royal Dutch Petroleum Co., 569 U. S. 108 (2013) that the ATS did not apply extraterritorially, reasoning that the only domestic conduct alleged here was general corporate activity. The Court of Appeals for the Ninth Circuit reversed in part, concluding that the complaint sufficiently pleaded a domestic application of the ATS, because the companies were alleged to have made every “major operational decision” in the United States.

In an opinion delivered by Associate Justice Clarence Thomas, the Supreme Court reversed and remanded, holding that the Court of Appeals improperly allowed the suit to proceed, because the respondents were improperly seeking extraterritorial application of the ATS. The court reasoned, in part, that, because making “operational decisions” is an activity common to most corporations, generic allegations of this sort did not draw a sufficient connection between the cause of action the respondents seek—aiding and abetting forced labor overseas—and domestic conduct.

Associate Justice Samuel Alito wrote a dissenting opinion in which he argued that it was premature to address whether the respondents’ complaint improperly sought extraterritorial application of the ATS, noting, among other things, that it was unclear whether it was appropriate to recognize an ATS aiding-and-abetting claim and, if so, whether the respondents’ complaint adequately alleged all of the elements of such a claim, including the requisite mens rea. Justice Alito pointed out that, under the Restatement Third of Torts: Liability for Economic Harm § 28 and the Restatement Second of Torts § 876, a claim for aiding and abetting requires the aider and abettor to have acted purposefully or knowingly.

More News

See All

U.S. Supreme Court Cites Restatements of Contracts and Torts

U.S. Supreme Court Cites Trusts 2d

Connecticut Supreme Court Adopts Punitive-Damages Rule Espoused by Restatements

Address

4025 Chestnut Street,
Philadelphia, PA 19104

215-243-1600

Footer

  • Privacy Policy
    Terms of Use
Donate

© Copyright 2024. All Rights Reserved.