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24-7-custom-writing-serviceBusiness Law Case Study

Business Law Case Brief

 

 

Case Name

Esther Kiobel, Individually And On Behalf Of Her Late Husband, Dr. Barinem Kiobel, Et Al., Petitioners V. Royal Dutch Petroleum Co. Et Al.

The Name of the Court Deciding the Case

The Supreme Court of the United States

Case Citation

569 U.S. 108 (2013)

Key Facts

The applicants were residents of the United States who were also residents of Nigeria. They brought a case against particular Nigerian, British, and Dutch Companies including the Royal Dutch Petroleum Company. They sued the respondent companies under the US Alien Tort Statute (ATS) claiming that these business organizations had aided and abetted the commission of violations of international law by the government of Nigeria. In short, their main allegation was that these corporations were liable for tortious conduct of their agents in Nigeria and hence they were entitled to compensation from the companies.  

The alleged violations took place in the Ogoniland where the applicants lived by the time the attacks occurred. Specifically, they cited the Shell Petroleum Development Company which was a subsidiary company which undertook oil production and exploration in the region. The petitioners also alleged that these oil companies did not take any measures to reduce the negative environmental impacts of their activities on the surrounding residents and when they protested the environmental degradation as a result of their business activities, these companies collaborated with the Nigerian government to violently and inhumanely suppress the demonstration, hence leaving several people dead and others injured following the ground attacks (Kiobel et al. v. Royal Dutch Petroleum Co. [2013]). The petitioners filed the suit in the District Court which disagreed with  their claims. They then filed an interlocutory appeal which was dismissed by the United States Court of Appeals for the Second Circuit. The lower appellate court reasoned that corporate liability was not recognized under or by the law of nations.  The applicants appealed to the US Supreme Court which granted certiorari, leading to the present case..................GET A PLAGIARISM FREE COPY