2nd Circuit splinters over rehearing Alien Tort Statute case v. Arab Bank

ALISON FRANKEL | May 11, 2016

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The 2nd U.S. Circuit Court of Appeals prides itself on putting up a united front. The court almost never grants requests to reconsider rulings by three-judge panels. (Maybe that’s why the 2nd Circuit’s “in banc” locution hasn’t displaced the more common “en banc.”) Instead, 2nd Circuit judges working on controversial opinions typically circulate drafts to the rest of the appeals court to probe for and resolve disagreements before the three-judge panel issues its opinion. So it’s always news when cracks show at the 2nd Circuit – as they did Tuesday in the court’s deeply splintered four-part decision not to rehear en banc the dismissal of Alien Tort Statute claims by non-U.S. citizens who accuse Arab Bank of financing terrorism attacks. The 2nd Circuit’s internal debate goes back to its own disputed 2010 holding in Kiobel v. Royal Dutch Petroleum that corporations cannot be sued under the ATS.The 2nd U.S. Circuit Court of Appeals prides itself on putting up a united front. The court almost never grants requests to reconsider rulings by three-judge panels. (Maybe that’s why the 2nd Circuit’s “in banc” locution hasn’t displaced the more common “en banc.”) Instead, 2nd Circuit judges working on controversial opinions typically circulate drafts to the rest of the appeals court to probe for and resolve disagreements before the three-judge panel issues its opinion. So it’s always news when cracks show at the 2nd Circuit – as they did Tuesday in the court’s deeply splintered four-part decision not to rehear en banc the dismissal of Alien Tort Statute claims by non-U.S. citizens who accuse Arab Bank of financing terrorism attacks. The 2nd Circuit’s internal debate goes back to its own disputed 2010 holding in Kiobel v. Royal Dutch Petroleum that corporations cannot be sued under the ATS.

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United Bank Limited

United Bank Limited (UBL) is a banking company incorporated in Pakistan and is engaged in commercial banking and related services. The bank's registered office and principal office are situated at UBL Building, Jinnah Avenue, Blue Area, Islamabad and at State Life Building No.1, I.I Chundrigar Road, Karachi respectively. U

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United Bank Limited (UBL) is a banking company incorporated in Pakistan and is engaged in commercial banking and related services. The bank's registered office and principal office are situated at UBL Building, Jinnah Avenue, Blue Area, Islamabad and at State Life Building No.1, I.I Chundrigar Road, Karachi respectively. U

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