October Term 2012 · Docket 10-1491

Can U.S. courts hear claims about foreign corporate conduct abroad?

Nigerian plaintiffs sue a Dutch and English company for aiding Nigerian officials. The company argues the conduct occurred entirely outside the United States.

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Kiobel v. Royal Dutch Petroleum Co.
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Verified source milestones

  1. — An official oral-argument transcript was verified.

The arguments, in order

This case may have been argued more than once. Each entry below uses that session's official transcript. Later arguments do not erase earlier ones.

  1. Argument 1 ·

    What happened at the argument

    General Verrilli argued the statute should not cover foreign corporate conduct abroad. He stated there is no meaningful connection to the United States in these cases.

    Ms. Sullivan emphasized the case involves Nigerian plaintiffs suing an English and Dutch company. She noted the alleged conduct took place entirely within Nigeria.

    Mr. Hoffman stated the plaintiffs received asylum in the United States. He argued they sued the defendants for their role in these human rights violations in U.S. courts.

    Read the official transcript for this argument · Official argument details

    Sources used for this argument breakdown

A citizen's guide to the whole case

What this case is about

The case tests the reach of the Alien Tort Statute. It asks if U.S. courts can adjudicate claims about foreign corporate conduct abroad. The dispute centers on jurisdiction and international law application.

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How the case got here

The Supreme Court heard oral argument in this case on October 1, 2012.

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What each side wants

The plaintiffs want a U.S. court to hear their human rights claims. They argue their asylum status creates a sufficient connection to the United States.

The defendants want the court to dismiss the case. They argue the conduct occurred entirely in Nigeria and lacks a meaningful U.S. connection.

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What each side says

The plaintiffs argue their presence in the U.S. as asylum seekers links the case to American soil. They contend the statute allows suits for foreign conduct when plaintiffs are here.

The defendants argue the statute does not cover extraterritorial conduct by foreign corporations. They state there is no meaningful connection to the United States in this category of cases.

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What the justices asked

Justice Ginsburg asked if personal jurisdiction was raised as a defense.

Justice Kennedy asked if a U.S. corporation can be sued globally for domestic violations. He also asked what U.S. effects exist between the Nigerian events and the U.S. connection claimed by the plaintiffs. Justice Scalia asked who decides what constitutes a violation of international law norms. Chief Justice Roberts asked if plaintiffs can sue in multiple countries simultaneously.

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Why it matters

The outcome defines the geographic limits of U.S. judicial power. It determines whether American courts adjudicate foreign corporate conduct abroad. This shapes the role of U.S. courts in international human rights enforcement. It clarifies the scope of the Alien Tort Statute for foreign actors.

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What happens next

This article currently covers the argument record. Use the official docket link for later case activity.

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Official Court provenance

Official docket and case history · Official Supreme Court oral-argument detail page

Title and summary sources

Revision history

  1. Revision 1 · Official Transcript ·

    Correction: Rewritten to the concise citizen-facing editorial standard.

  2. Revision 2 · Official Transcript ·

    Correction: Migrated to the dated official Court activity contract without model use.

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