The Presbyterian Church of Sudan, et al. v. Talisman Energy, Inc., et al.

Case Updates

The Second Circuit dismissed the ATS claims brought against the oil exploration company. In a unanimous decision, the Second Circuit ruled that the standard for aiding and abetting liability should come from international law, not domestic law, and that the standard required purpose, not just knowledge. By requiring a searching ‘purpose’ inquiry, the Second Circuit has made it more difficult for ATS plaintiffs to survive summary judgment.

NCLC urged the Second Circuit Court of Appeals to affirm dismissal of Alien Tort Statute (ATS) claims against a Canadian corporation for conduct occurring in Sudan. NCLC explained that customary international law does not provide for civil liability under aiding and abetting nor does it provide for corporate liability. Moreover, NCLC pointed out that the Supreme Court concluded in Central Bank of Denver v. First Interstate Bank of Denver that Congress must clearly authorize such aiding and abetting liability; no such clear evidence exists for the ATS.