Torture Victim Protection Act (TVPA)

Constitutionality 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 Reading

D.C. Circuit Revives Case by Former Saudi Official with Ties to U.S. Intelligence

Saudi Arabian Flag Next to U.S. Flag.

Dr. Saad Aljabri, a former Saudi official who lives in Canada, sued Crown Prince Mohammed bin Salman (“MBS”) and other defendants, alleging that they tracked him down and tried to kill him because of his relationship to the United States and to the former Crown Prince of Saudi Arabia.  As covered at TLB, federal district…

Continue Reading

Throwback Thursday: Sosa v. Alvarez-Machain

On June 29, 2004, two decades ago, the Supreme Court decided Sosa v. Alvarez-Machain, recognizing an implied cause of action under the Alien Tort Statute (ATS) for violations of human rights norms that are generally accepted and specifically defined. In this post, I look back at Sosa and discuss what has happened in ATS litigation during…

Continue Reading

Exhausting Remedies Under the TVPA

In 1992, Congress passed the Torture Victim Protection Act (TVPA) to create an express cause of action against individuals who, under color of foreign law, commit torture or extrajudicial killing. The TVPA has an exhaustion provision requiring courts to dismiss claims under the provision “if the claimant has not exhausted adequate and available remedies in…

Continue Reading

Chiquita Liable for Financing Colombian Paramilitary Death Squads

In a win for international human rights advocacy, a Florida jury has found a U.S. corporation liable for human rights violations committed in a foreign country. This first of three “bellwether” trials involved nine cases. Hundreds remain to be tried in this multidistrict litigation. The jury’s verdict is the latest development in a civil case…

Continue Reading

Boston Jury Awards $15.5 Million in a Transnational Human Rights Case

Last month we reported on a sensible decision by Judge Allison D. Burroughs of the District of Massachusetts rejecting a defendant’s vague invocations of international comity as a basis for abstention. That decision cleared the way for trial on the plaintiffs’ claims that the defendant, Jean Morose Viliena, targeted them and their families for extrajudicial…

Continue Reading

Rejecting Comity-Based Abstention in Human Rights Cases

Defendants in transnational human rights cases may seek dismissal on a great many bases—so many, in fact, that it can be hard to keep them all straight. One growing source of confusion is the argument that a case should be dismissed based on “comity.” The problem is that comity isn’t a single doctrine. But because…

Continue Reading

District Court Dismisses Killing Claims Against MBS

Yesterday, the District Court for the District of Columbia (Judge John Bates) dismissed a lawsuit brought by Democracy in the Arab World Now (DAWN) and the widow of journalist Jamal Khashoggi, who was brutally murdered by security agents at the Saudi embassy in Istanbul. The plaintiffs sued Saudi Crown Prince Mohammed bin Salman (MBS) and…

Continue Reading

State Department Recognizes Head-of-State Immunity for MBS

Earlier today, the U.S. State Department recognized that Crown Prince Muhammad bin Salman (MBS) is entitled to head-of-state immunity as Prime Minister of Saudi Arabia in a case brought by Democracy in the Arab World Now (DAWN) and the widow of journalist Jamal Khashoggi, who was brutally murdered by Saudi security agents at the Saudi…

Continue Reading

District Court Dismisses Another Case Against MBS for Lack of Personal Jurisdiction

Two weeks ago, while King Salman was appointing Crown Prince Muhammad bin Salman (MBS) as Prime Minister of Saudi Arabia in an apparent bid to secure him head-of-state immunity in a suit brought by Jamal Khashoggi’s widow, the judge in a different case quietly dismissed another plaintiff’s claims against MBS for lack of personal jurisdiction….

Continue Reading

Ingrid (Wuerth) Brunk

Vanderbilt Law School
ingrid.wuerth@vanderbilt.eduEmail

William Dodge

George Washington University Law School
william.dodge@law.gwu.eduEmail

Maggie Gardner

Cornell Law School
mgardner@cornell.eduEmail

John F. Coyle

University of North Carolina School of Law
jfcoyle@email.unc.eduEmail

Zachary D. Clopton

Northwestern Pritzker School of Law
zclopton@law.northwestern.eduEmail

Robert Kry

MoloLamken LLP
Bio | Posts

Luana Matoso

Max Planck Institute for Comparative and International Private Law
Bio | Posts

Curtis A. Bradley

University of Chicago Law School
Bio | Posts

Pamela K. Bookman

Fordham University School of Law
Bio | Posts

Matthew Salavitch

Fordham Law School
Bio | Posts

Hannah Buxbaum

Indiana University Maurer School of Law
Bio | Posts

Paul B. Stephan

University of Virginia School of Law
Bio | Posts

Noah Buyon

Duke University School of Law
Bio | Posts

Naman Karl-Thomas Habtom

University of Cambridge
Bio | Posts