Consolidated Case: 19-416 NESTLE USA, INC. V. DOE I and 19-453 CARGILL, INC. V. DOE I (2020-December-01)
9-453 CARGILL, INC V. DOE I
QUESTION PRESENTED:
Petitioner Cargill, Incorporated, purchases cocoa beans grown in Cote 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.
19-416 NESTLE USA V. DOE I
QUESTION PRESENTED:
1. Whether an aiding and abetting claim against a domestic corporation brought under the Alien Tort Statute, 28 U.S.C. § 1350, may overcome the extraterritoriality bar where the claim is based on allegations of general corporate activity in the United States and where plaintiffs cannot trace the alleged harms, which occurred abroad at the hands of unidentified foreign actors, to that activity.
2. Whether the Judiciary has the authority under the Alien Tort Statute to impose liability on domestic corporations.
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9-453 CARGILL, INC V. DOE I
QUESTION PRESENTED:
Petitioner Cargill, Incorporated, purchases cocoa beans grown in Cote 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.
19-416 NESTLE USA V. DOE I
QUESTION PRESENTED:
1. Whether an aiding and abetting claim against a domestic corporation brought under the Alien Tort Statute, 28 U.S.C. § 1350, may overcome the extraterritoriality bar where the claim is based on allegations of general corporate activity in the United States and where plaintiffs cannot trace the alleged harms, which occurred abroad at the hands of unidentified foreign actors, to that activity.
2. Whether the Judiciary has the authority under the Alien Tort Statute to impose liability on domestic corporations.
SUPPORT what we are doing here by contributing to our Patreon at https://www.patreon.com/supremecourt
Date | Proceedings and Orders
Sep 25 2019 | Petition for a writ of certiorari filed. (Response due October 28, 2019)
Oct 23 2019 | Blanket Consent filed by Respondents, John Doe I, et al. VIDED
Oct 25 2019 | Waiver of right of respondents John Doe I, et al. to respond filed.
Oct 28 2019 | Brief amicus curiae of The Coca-Cola Company filed. VIDED.
Oct 28 2019 | Brief amicus curiae of Washington Legal Foundation filed. VIDED.
Oct 28 2019 | Brief amicus curiae of Chevron Corporation filed. VIDED.
Oct 28 2019 | Brief amici curiae of The Chamber of Commerce of the United States of America, et al. filed. VIDED.
Oct 28 2019 | Brief amici curiae of The National Confectioners Association, the World Cocoa Foundation, and the European Cocoa Association filed. VIDED.
Oct 28 2019 | Brief amicus curiae of CATO INSTITUTE filed. (Distributed)
Oct 30 2019 | DISTRIBUTED for Conference of 11/15/2019.
Nov 04 2019 | Response Requested. (Due December 4, 2019)
Nov 14 2019 | Motion to extend the time to file a response from December 4, 2019 to December 12, 2019, submitted to The Clerk.
Nov 19 2019 | Motion to extend the time to file a response is granted and the time is extended to and including December 12, 2019.
Dec 12 2019 | Brief of respondents John Doe I, et al. in opposition filed.
Dec 13 2019 | Letter waiving the 14-day waiting period for the distribution of the petition pursuant to Rule 15.5 filed.
Dec 23 2019 | DISTRIBUTED for Conference of 1/10/2020.
Dec 23 2019 | Reply of petitioner Nestlé USA, Inc. filed. (Distributed)
Jan 13 2020 | The Solicitor General is invited to file a brief in this case expressing the views of the United States.
May 26 2020 | Brief amicus curiae of United States filed. VIDED.
Jun 04 2020 | Supplemental brief of petitioner Nestlé USA, Inc. filed. (Distributed)
Jun 09 2020 | DISTRIBUTED for Conference of 6/25/2020.
Jun 29 2020 | DISTRIBUTED for Conference of 7/1/2020.
Jul 02 2020 | Petition GRANTED. The petition for a writ of certiorari in No. 19-453 is granted. The cases are consolidated, and a total of one hour is allotted for oral argument. VIDED.
Jul 02 2020 | Because the Court has consolidated these cases for briefing and oral argument, future filings and activity in the cases will now be reflected on the docket of No. 19-416. Subsequent filings in these cases must therefore be submitted through the electronic filing system in No. 19-416. Each document submitted in connection with one or more of these cases must include on its cover the case number and caption for each case in which the filing is intended to be submitted. Where a filing is submitted in fewer than all of the cases, the docket entry will reflect the case number(s) in which the filing is submitted; a document filed in all of the consolidated cases will be noted as “VIDED.”
Jul 22 2020 | Motion for an extension of time to file the briefs on the merits filed. VIDED.
Jul 22 2020 | Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioners' briefs on the merits is extended to and including August 31, 2020. The time to file respondents' brief on the merits is extended to and including October 14, 2020. VIDED.
Aug 26 2020 | Blanket Consent filed by Respondent, John Doe I, et al. VIDED.
Aug 27 2020 | Blanket Consent filed by Petitioner, Nestlé USA, Inc.
Aug 31 2020 | Joint appendix filed. VIDED.
Aug 31 2020 | Brief of petitioner Nestlé USA, Inc. filed. VIDED.
Aug 31 2020 | Brief of petitioner Cargill, Inc. filed. VIDED.
Sep 08 2020 | Brief amici curiae of The Chamber of Commerce of the United States of America, et al. filed. VIDED.
Sep 08 2020 | Brief amicus curiae of The Coca-Cola Company filed. VIDED.
Sep 08 2020 | Brief amici curiae of Washington Legal Foundation and Allied Educational Foundation filed. VIDED.
Sep 08 2020 | Brief amicus curiae of Cato Institute filed. VIDED.
Sep 08 2020 | Brief amici curiae of The World Cocoa Foundation, et al. filed. VIDED.
Sep 08 2020 | Brief amicus curiae of United States filed. VIDED.
Sep 08 2020 | Brief amici curiae of Professors of International Law, Foreign Relations Law and Federal Jurisdiction filed. VIDED.
Sep 16 2020 | SET FOR ARGUMENT on Tuesday, December 1, 2020. VIDED.
Sep 29 2020 | Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed. VIDED.
Oct 08 2020 | Record requested from the U.S.C.A. 9th Circuit.
Oct 08 2020 | Record received from the U.S.C.A. 9th Circuit is electronic and located on PACER.
Oct 14 2020 | Brief of respondents in 19-416 (response to merits brief of Nestle USA, Inc.) filed. VIDED.
Oct 19 2020 | Brief of respondents in 19-453 (response to merits brief of Cargill, Inc.) filed. VIDED.
Oct 20 2020 | Brief amicus curiae of EarthRights International filed. VIDED.
Oct 20 2020 | Brief amicus curiae of Yale Law School Center for Global Legal Challenges filed. VIDED.
Oct 21 2020 | Brief amicus curiae of Center for Global Justice filed. VIDED.
Oct 21 2020 | Brief amicus curiae of Tony's Chocolonely filed. VIDED.
Oct 21 2020 | Brief amici curiae of Access Now, et al. filed. VIDED.
Oct 21 2020 | Brief amici curiae of Foreign Lawyers filed. VIDED.
Oct 21 2020 | Brief amici curiae of Center for Justice & Accountability and Human Rights First filed. VIDED.
Oct 21 2020 | Brief amici curiae of Small and Mid-Size Cocoa and Chocolate Companies filed. VIDED.
Oct 21 2020 | Brief amici curiae of International Law Scholars filed. VIDED.
Oct 21 2020 | Brief amici curiae of Former Government Officials filed. VIDED.
Oct 21 2020 | Brief amici curiae of International Law Scholars, Former Diplomats, and Practitioners filed. VIDED.
Oct 21 2020 | Brief amicus curiae of Constitutional Accountability Center filed. VIDED.
Oct 21 2020 | Brief amici curiae of International Human Rights Organizations filed. VIDED.
Oct 21 2020 | Brief amici curiae of Oxfam America, et al. filed. VIDED.
Oct 21 2020 | Brief amicus curiae of Grant & Eisenhofer ESG Institute filed.
Oct 21 2020 | Brief amici curiae of Professors of Legal History, et al. filed. VIDED. (Distributed)
Oct 21 2020 | Brief amici curiae of Members of Congress Senator Blumenthal, Representative Smith, et al. filed. VIDED. (Distributed)
Oct 21 2020 | Brief amici curiae of Nuremberg Scholars filed. (Distributed)
Oct 27 2020 | CIRCULATED
Nov 02 2020 | Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. Justice Barrett took no part in the consideration or decision of this motion.
Nov 13 2020 | Reply of petitioner Nestlé USA, Inc. filed. VIDED. (Distributed)
Nov 13 2020 | Reply of petitioner Cargill, Inc. filed. VIDED. (Distributed)
Dec 01 2020 | Argued. For petitioners: Neal K. Katyal, Washington, D. C.; and Curtis E. Gannon, Deputy Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondents: Paul L. Hoffman, Hermosa Beach, Cal. VIDED.
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QUESTION PRESENTED:
Petitioner Cargill, Incorporated, purchases cocoa beans grown in Cote 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.
19-416 NESTLE USA V. DOE I
QUESTION PRESENTED:
1. Whether an aiding and abetting claim against a domestic corporation brought under the Alien Tort Statute, 28 U.S.C. § 1350, may overcome the extraterritoriality bar where the claim is based on allegations of general corporate activity in the United States and where plaintiffs cannot trace the alleged harms, which occurred abroad at the hands of unidentified foreign actors, to that activity.
2. Whether the Judiciary has the authority under the Alien Tort Statute to impose liability on domestic corporations.
SUPPORT what we are doing here by contributing to our Patreon at https://www.patreon.com/supremecourt
Date | Proceedings and Orders
Sep 25 2019 | Petition for a writ of certiorari filed. (Response due October 28, 2019)
Oct 23 2019 | Blanket Consent filed by Respondents, John Doe I, et al. VIDED
Oct 25 2019 | Waiver of right of respondents John Doe I, et al. to respond filed.
Oct 28 2019 | Brief amicus curiae of The Coca-Cola Company filed. VIDED.
Oct 28 2019 | Brief amicus curiae of Washington Legal Foundation filed. VIDED.
Oct 28 2019 | Brief amicus curiae of Chevron Corporation filed. VIDED.
Oct 28 2019 | Brief amici curiae of The Chamber of Commerce of the United States of America, et al. filed. VIDED.
Oct 28 2019 | Brief amici curiae of The National Confectioners Association, the World Cocoa Foundation, and the European Cocoa Association filed. VIDED.
Oct 28 2019 | Brief amicus curiae of CATO INSTITUTE filed. (Distributed)
Oct 30 2019 | DISTRIBUTED for Conference of 11/15/2019.
Nov 04 2019 | Response Requested. (Due December 4, 2019)
Nov 14 2019 | Motion to extend the time to file a response from December 4, 2019 to December 12, 2019, submitted to The Clerk.
Nov 19 2019 | Motion to extend the time to file a response is granted and the time is extended to and including December 12, 2019.
Dec 12 2019 | Brief of respondents John Doe I, et al. in opposition filed.
Dec 13 2019 | Letter waiving the 14-day waiting period for the distribution of the petition pursuant to Rule 15.5 filed.
Dec 23 2019 | DISTRIBUTED for Conference of 1/10/2020.
Dec 23 2019 | Reply of petitioner Nestlé USA, Inc. filed. (Distributed)
Jan 13 2020 | The Solicitor General is invited to file a brief in this case expressing the views of the United States.
May 26 2020 | Brief amicus curiae of United States filed. VIDED.
Jun 04 2020 | Supplemental brief of petitioner Nestlé USA, Inc. filed. (Distributed)
Jun 09 2020 | DISTRIBUTED for Conference of 6/25/2020.
Jun 29 2020 | DISTRIBUTED for Conference of 7/1/2020.
Jul 02 2020 | Petition GRANTED. The petition for a writ of certiorari in No. 19-453 is granted. The cases are consolidated, and a total of one hour is allotted for oral argument. VIDED.
Jul 02 2020 | Because the Court has consolidated these cases for briefing and oral argument, future filings and activity in the cases will now be reflected on the docket of No. 19-416. Subsequent filings in these cases must therefore be submitted through the electronic filing system in No. 19-416. Each document submitted in connection with one or more of these cases must include on its cover the case number and caption for each case in which the filing is intended to be submitted. Where a filing is submitted in fewer than all of the cases, the docket entry will reflect the case number(s) in which the filing is submitted; a document filed in all of the consolidated cases will be noted as “VIDED.”
Jul 22 2020 | Motion for an extension of time to file the briefs on the merits filed. VIDED.
Jul 22 2020 | Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioners' briefs on the merits is extended to and including August 31, 2020. The time to file respondents' brief on the merits is extended to and including October 14, 2020. VIDED.
Aug 26 2020 | Blanket Consent filed by Respondent, John Doe I, et al. VIDED.
Aug 27 2020 | Blanket Consent filed by Petitioner, Nestlé USA, Inc.
Aug 31 2020 | Joint appendix filed. VIDED.
Aug 31 2020 | Brief of petitioner Nestlé USA, Inc. filed. VIDED.
Aug 31 2020 | Brief of petitioner Cargill, Inc. filed. VIDED.
Sep 08 2020 | Brief amici curiae of The Chamber of Commerce of the United States of America, et al. filed. VIDED.
Sep 08 2020 | Brief amicus curiae of The Coca-Cola Company filed. VIDED.
Sep 08 2020 | Brief amici curiae of Washington Legal Foundation and Allied Educational Foundation filed. VIDED.
Sep 08 2020 | Brief amicus curiae of Cato Institute filed. VIDED.
Sep 08 2020 | Brief amici curiae of The World Cocoa Foundation, et al. filed. VIDED.
Sep 08 2020 | Brief amicus curiae of United States filed. VIDED.
Sep 08 2020 | Brief amici curiae of Professors of International Law, Foreign Relations Law and Federal Jurisdiction filed. VIDED.
Sep 16 2020 | SET FOR ARGUMENT on Tuesday, December 1, 2020. VIDED.
Sep 29 2020 | Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed. VIDED.
Oct 08 2020 | Record requested from the U.S.C.A. 9th Circuit.
Oct 08 2020 | Record received from the U.S.C.A. 9th Circuit is electronic and located on PACER.
Oct 14 2020 | Brief of respondents in 19-416 (response to merits brief of Nestle USA, Inc.) filed. VIDED.
Oct 19 2020 | Brief of respondents in 19-453 (response to merits brief of Cargill, Inc.) filed. VIDED.
Oct 20 2020 | Brief amicus curiae of EarthRights International filed. VIDED.
Oct 20 2020 | Brief amicus curiae of Yale Law School Center for Global Legal Challenges filed. VIDED.
Oct 21 2020 | Brief amicus curiae of Center for Global Justice filed. VIDED.
Oct 21 2020 | Brief amicus curiae of Tony's Chocolonely filed. VIDED.
Oct 21 2020 | Brief amici curiae of Access Now, et al. filed. VIDED.
Oct 21 2020 | Brief amici curiae of Foreign Lawyers filed. VIDED.
Oct 21 2020 | Brief amici curiae of Center for Justice & Accountability and Human Rights First filed. VIDED.
Oct 21 2020 | Brief amici curiae of Small and Mid-Size Cocoa and Chocolate Companies filed. VIDED.
Oct 21 2020 | Brief amici curiae of International Law Scholars filed. VIDED.
Oct 21 2020 | Brief amici curiae of Former Government Officials filed. VIDED.
Oct 21 2020 | Brief amici curiae of International Law Scholars, Former Diplomats, and Practitioners filed. VIDED.
Oct 21 2020 | Brief amicus curiae of Constitutional Accountability Center filed. VIDED.
Oct 21 2020 | Brief amici curiae of International Human Rights Organizations filed. VIDED.
Oct 21 2020 | Brief amici curiae of Oxfam America, et al. filed. VIDED.
Oct 21 2020 | Brief amicus curiae of Grant & Eisenhofer ESG Institute filed.
Oct 21 2020 | Brief amici curiae of Professors of Legal History, et al. filed. VIDED. (Distributed)
Oct 21 2020 | Brief amici curiae of Members of Congress Senator Blumenthal, Representative Smith, et al. filed. VIDED. (Distributed)
Oct 21 2020 | Brief amici curiae of Nuremberg Scholars filed. (Distributed)
Oct 27 2020 | CIRCULATED
Nov 02 2020 | Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. Justice Barrett took no part in the consideration or decision of this motion.
Nov 13 2020 | Reply of petitioner Nestlé USA, Inc. filed. VIDED. (Distributed)
Nov 13 2020 | Reply of petitioner Cargill, Inc. filed. VIDED. (Distributed)
Dec 01 2020 | Argued. For petitioners: Neal K. Katyal, Washington, D. C.; and Curtis E. Gannon, Deputy Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondents: Paul L. Hoffman, Hermosa Beach, Cal. VIDED.
