Cisco Systems, Inc. v. Doe · ¶110

No evidence supports Cisco’s worries. Federal courts have been restrained in recognizing new causes of action under Sosa. One study found that, as of 2022, just 300 ATS suits had ever been filed in federal courts. C. Ewell, O. Hathaway, & E. Nohle, Has the Alien Tort Statute Made a Difference?: A Historical, Empirical, and Normative Assessment, 107 Cornell L. Rev. 1205, 1240 (2022) (Ewell). Fifty-two cases succeeded, and of the 248 cases that were dismissed, over one-third of them were dismissed at Sosa’s first step because the plaintiffs had not identified an actionable violation of international law to begin with. Ewell 1241.

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