American Isuzu Motors, Inc. v. Ntsebeza
| Decision Date | 12 May 2008 |
| Docket Number | No. 07–919.,07–919. |
| Citation | 171 L.Ed.2d 225,128 S.Ct. 2424,76 USLW 3603,553 U.S. 1028,76 USLW 3608,76 USLW 3405 |
| Parties | AMERICAN ISUZU MOTORS, INC., et al., petitioners, v. Lungisile NTSEBEZA, et al. |
| Court | U.S. Supreme Court |
Case below, 504 F.3d 254.
On petition for writ of certiorari to the United States Court of Appeals for the Second Circuit. Because the Court lacks a quorum, 28 U.S.C. § 1, and since a majority of the qualified Justices are of the opinion that the case cannot be heard and determined at the next Term of the Court, the judgment is affirmed under 28 U.S.C. § 2109, which provides that under these circumstances the Court shall enter its order affirming the judgment of the court from which the case was brought for review with the same effect as upon affirmance by an equally divided Court.
THE CHIEF JUSTICE, Justice KENNEDY, Justice BREYER, and Justice ALITO took no part in the consideration or decision of this petition.
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18 cases
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John Doe v. Nestle, S.A.
..." Brief for the United States as Amicus Curiae in Support of Petitioners, at 8, Am. Isuzu Motors, Inc. v. Ntsebeza , 553 U.S. 1028, 128 S.Ct. 2424, 171 L.Ed.2d 225 (2008) (No. 07-919), 2008 WL 408389, at *8 (hereinafter "Br. for the U.S. as Amicus Curiae") (quoting Cent. Bank of Denver, N.A......
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Sarei v. Rio Tinto, PLC
...promote human rights and their protection”), reprinted in Br. for the United States as Amicus Curiae in Supp. of Petitioners app. C at 7a–8a, Am. Isuzu Motors, Inc. v. Ntsebeza, 553 U.S. 1028, 128 S.Ct. 2424, 171 L.Ed.2d 225 (2008) (mem.) (No. 07–919). Even more concerning, however, is that......
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In re South African Apartheid Litigation
...for the crimes that pervaded that dark era in South African history. Plaintiffs in the first action, Ntsebeza v. Daimler A.G. ("Ntsebeza plaintiffs"), allege that they suffered discriminatory employment practices, employment for political beliefs, geographic segregation, arbitrary arrest an......
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Viii v. Exxon Mobil Corp..
...Barclay National Bank Ltd., 504 F.3d 254 (2d Cir.2007), aff'd for lack of en banc quorum sub nom., Am. Isuzu Motors, Inc. v. Ntsebeza, 553 U.S. 1028, 128 S.Ct. 2424, 171 L.Ed.2d 225 (2008); see also Presbyterian Church of Sudan v. Talisman Energy, Inc., 582 F.3d 244, 256 (2d Cir.2009), cert......
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7 books & journal articles
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A realist defense of the Alien Tort Statute.
...Khulumani v. Barclay Nat'l Bank Ltd., 504 F.3d 254 (2d Cir. 2007), aff'd without opinion sub nom. Am. Isuzu Motors, Inc. v. Ntsebeza, 553 U.S. 1028 (2008) (affirming by default for lack of quorum). The Bush administration urged that the suits be dismissed, citing, in part, these economic co......
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The curious history of the Alien Tort Statute.
...v. Barclay Nat. Bank Ltd., 504 F.3d 254 (2d Cir. 2007), aff'd due to lack of a quorum sub nom. Am. Isuzu Motors, Inc. v. Ntsebeza, 553 U.S. 1028 (2008) (304) Letter from William H. Taft to Louis F. Oberdorfer, supra note 201, at 1, 3-4 (discussing Doe v. Exxon Mobil, 393 F. Supp. 2d 20 (D.D......
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Human Rights After Kiobel: Choice of Law and the Rise of Transnational Tort Litigation
...Cir. 2008); Khulumani v. Barclay Nat'l Bank Ltd., 504 F.3d 254, 296 (2d Cir. 2007), aff'd sub nom. Am. Isuzu Motors, Inc. v. Ntsebeza, 553 U.S. 1028 (2008). 12. See infra note 41. 13. There is extensive commentary on both the history of the ATS and the litigation that it has spawned. See ge......
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An Exception to Jesner: Preventing U.s. Corporations and Their Subsidiaries from Avoiding Liability for Harms Caused Abroad
...under the ACTA," and not reaching the issue of whether a corporation can be liable under the ATS); Am. Isuzu Motors, Inc. v. Ntsebeza, 128 S. Ct. 2424 (2008); Abdullahi v. Phizer, Inc., 562 F.3d 163, 191 (2d Cir. 2009) (reversing and remanding district court's dismissal for lack of ATS juri......
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