Cisco Systems, Inc. v. Doe · ¶24
After the District Court dismissed plaintiffs’ complaint, 66 F. Supp. 3d 1239, 1247 (ND Cal. 2014), the Ninth Circuit reversed in relevant part, 73 F. 4th 700, 746 (2023). It did not decide whether the underlying violations of international law satisfied Sosa’s test. 73 F. 4th, at 716. Instead, it analyzed only whether aiding-and-abetting liability may be imposed under the ATS. Ibid. At Sosa’s first step, the Ninth Circuit found that “aiding and abetting liability is sufficiently definite and universal to be a viable form of liability under the ATS.” 73 F. 4th, at 718. And at the second step, it concluded that neither “foreign relations concerns” nor “deference to Congress” supplied a “prudential reason to decline to recognize aiding or abetting liability.” Id., at 720. The Ninth Circuit also held that the TVPA “encompasses claims against those who aid and abet torture or extrajudicial…Read in context ›
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