Doe VII, et al. v. Exxon Mobil Corp., et al.

Case Updates

A divided D.C. Circuit ruled that the ATS supports both aiding and abetting liability and corporate liability, but affirmed dismissal of the TVPA claims in accordance with the court’s decision in Mohamad v. Rajoub.

NCLC urged the D.C. Circuit to dismiss claims brought under the Alien Tort Statute (ATS) and Torture Victim Protection Act (TVPA) against Exxon. The plaintiffs claim they were physically abused by Indonesian soldiers who had been hired by Exxon to secure a natural gas facility. In its brief, NCLC argued that aiding and abetting liability is not available under the ATS and that the TVPA does not provide a cause of action against corporations. NCLC warned that ATS lawsuits raise the cost of doing business abroad and put American companies at a disadvantage relative to foreign competitors.