The Alien Tort Claims Act: A Weapon Against Human Trafficking in the Supply Chain

The Ninth Circuit’s recent revival of the potential for supply chain liability under the Alien Tort Claims Act in Doe v. Nestle USA Inc. less than one year after many believed the U.S. Supreme Court effectively put an end to ATCA’s use as a litigation tool to address alleged corporate human rights abuses has increased the importance of effective supply chain management, say Michael Congiu and Stefan Marculewicz of Littler Mendelson PC.

Source: Supply Chain Management And The Alien Tort Claims Act – Law360

images-2In Doe v. Nestle USA Inc., et al., the Ninth Circuit recently revived the potential for supply chain liability under ATCA, less than one year after many believed the U.S. Supreme Court’s decision in Kiobel v. Royal Dutch Petroleum[3] had effectively put an end to the use of ATCA as a litigation tool to address alleged corporate human rights abuses.

This article assesses this Ninth Circuit decision, defines its impact on the growing consensus for corporate accountability through supply chains and provides practical considerations.

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