Supreme Court Coverage
The Court will hear oral argument today in Cisco Systems v. Doe I et al. to decide whether a U.S. corporation can be held liable under the Alien Tort Statue or the Torture Victim Protection Act for aiding and abetting violations of international human rights law.  The argument, which is the only one scheduled today, starts…
Continue ReadingCisco’s Real Stakes: Digitally Aiding and Abetting
This post is cross-published at Just Security. On April 28, 2026, the U.S. Supreme Court will hear Cisco Systems v. Doe I et al. (Cisco), which asks whether a private U.S. company can ever be sued under the Alien Tort Statute (ATS)—and its CEO sued under the Torture Victim Protection Act (TVPA) (1992)—for aiding and…
Continue ReadingFourth Circuit Affirms $42 Million Jury Verdict in Abu Ghraib Case
Editor’s Note: This article also appears in Just Security. Between October and December 2003, interrogators hired by CACI Premier Technology, Inc., along with members of the U.S. military, abused detainees at Abu Ghraib prison in Iraq, subjecting them to sexual assault, forced nudity, dog threats and attacks, prolonged stress positions, and threats. In 2008, some…
Continue ReadingSupreme Court Grants Cert in Cisco
On Friday, the Supreme Court granted cert in Cisco Systems, Inc. v. Doe I to address two questions: (1) whether claims for aiding and abetting human rights violations can be brought under the Alien Tort Statute (ATS); and (2) whether such claims can be brought under the Torture Victim Protection Act (TVPA). I have discussed…
Continue ReadingSolicitor General Recommends Granting Cert in Cisco
In Doe v. Cisco Systems Inc. (2023), the Ninth Circuit held that claims for aiding and abetting human rights violations could be brought under the Alien Tort Statute (ATS) against Cisco Systems and under the Torture Victim Protection Act (TVPA) against Cisco’s former CEO. The plaintiffs allege that Cisco designed, built, and maintained a surveillance…
Continue ReadingTransnational Litigation at the Supreme Court, October Term 2025
Today is the first day of the Supreme Court’s October Term. This post briefly discusses transnational litigation cases in which the Court has already granted cert, as well as others that are in the pipeline and could be decided this Term. Cases in which the Court Has Granted Cert So far, the Supreme Court has…
Continue ReadingCisco’s Cert Petition
Last Friday, January 31, 2025, Cisco Systems filed a petition for certiorari asking the Supreme Court to review the Ninth Circuit’s decision in Doe v. Cisco Systems, Inc. (2023), a decision holding that claims of aiding and abetting may be brought under the Alien Tort Statute (ATS) and Torture Victim Protection Act (TVPA). As more…
Continue ReadingConstitutionality of TVPA Challenged in First Circuit
As previously reported at TLB, a Massachusetts jury last year awarded $15.5 million in damages against Jean Morose Viliena for torture and extrajudicial killing under the Torture Victim Protection Act (TVPA). Viliena was mayor of a town in Haiti where the three plaintiffs lived. The jury found him responsible for murdering the brother of one…
Continue ReadingTransnational Litigation at the Supreme Court, October Term 2024
Today is the first day of the Supreme Court’s October Term. This post briefly discusses four transnational litigation cases in which the Court has already granted cert, as well as several others that are in the pipeline and could be decided this Term. Readers can also consult our Supreme Court page. Cases in which the…
Continue ReadingNinth Circuit Denies Rehearing in Doe v. Cisco Systems
On September 3, 2024, the Ninth Circuit denied rehearing en banc in Doe v. Cisco Systems. The panel had held that Chinese practitioners of Falun Gong could sue Cisco, a U.S. company, for aiding and abetting human rights violations by building a surveillance system for the People’s Republic of China. Judge Patrick Bumatay (joined by…
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