Cisco’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 ReadingMaryland Shuts Down Climate-Change Litigation
Last month, the Supreme Court of Maryland affirmed dismissal of all claims in lawsuits brought by Baltimore, Annapolis, and Anne Arundel County against 26 oil and gas companies alleging that the companies actively deceived the public about the reality and dangers of climate change. The case reached the U.S. Supreme Court in 2021 before being…
Continue ReadingArgument Preview: Enbridge Energy, LP v. Nessel
The Supreme Court will hear oral argument this morning in Enbridge Energy, LP v. Nessel, a case involving Michigan’s effort to end an easement across the Straits of Mackinac for an oil and natural gas pipeline between the Midwest and Canada. As Bill has covered previously for TLB, this is one in a series of…
Continue ReadingCert Grant in Climate Case
The Supreme Court has added a climate case to its docket. In Suncor Energy Inc. v. County Commissioners of Boulder County, local governments sued fossil fuel companies in Colorado state court to recover for damages they sustained as a result of climate change. The complaint includes claims for public and private nuisance, civil conspiracy, unjust…
Continue ReadingMedia Roundup: Learning Resources, Inc. v. Trump
On February 20, the Supreme Court decided Learning Resources, Inc. v. Trump, a case that questioned whether the International Emergency Economic Powers Act (IEEPA) permits President Trump to impose sweeping emergency tariffs. In a 6-3 vote, the justices ruled that the tariffs exceed the powers given to the president by Congress under the 1977 law….
Continue ReadingPreview of Supreme Court Arguments in Helms-Burton Act Cases: Havana Docks and Cimex
On February 23, 2026, the Supreme Court will hear oral arguments in Havana Docks Corp. v. Royal Caribbean Cruises and Exxon Mobil Corp v. Corporación Cimex. Prior coverage is here, here, and here. The Helms-Burton Act cases slated for argument on February 23 present the following two questions: Question 1: The issue before the Court…
Continue ReadingNew Essay on the Future of Fuld v. PLO
I have expanded on my prior TLB posts on Fuld v. PLO, including a series of posts I wrote last summer critiquing the originalist case for unlimited personal jurisdiction under the Fifth Amendment, in a new essay that is forthcoming in the Yale Law Journal Forum and is now available on SSRN. Â In this new…
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 ReadingOral Arguments Over Trump’s Tariffs
On November 5, 2025, the Supreme Court heard oral argument in Learning Resources, Inc. v. Trump to determine whether the International Emergency Economic Powers Act (IEEPA) permits President Trump to impose sweeping emergency tariffs. Although it is not clear when the Court will rule, there is pressure to reach a decision soon because the longer…
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…
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