Doe, et al. v. Nestlé USA, Inc./Cargill, Inc. (Amicus)

At a Glance

Date Filed: 

October 21, 2020

Current Status 

The Center for Constitutional Rights filed an amicus brief with the Supreme Court on behalf of international human rights organizations on October 21, 2020. The Court will hear oral argument on December 1, 2020.

Client(s) 

Amici are international human rights organizations

Case Description 

The U.S. Supreme Court agreed to hear Doe, et al. v. Nestlé USA, Inc. and the companion case Doe, et al. v. Cargill, Inc. to decide the question of whether U.S. corporations can be held liable under the Alien Tort Statute (ATS) and whether aiding and abetting human rights violations from U.S. territory can satisfy the "touch-and-concern" test established in Kiobel v. Royal Dutch Petroleum Co. The two U.S. corporations against which the case was brought, Nestlé USA and Cargill, are alleged to have contributed to a system of child slavery and forced labor in the Ivory Coast for decades. Plaintiffs are six people who were trafficked from Mali and formerly enslaved as children on cocoa plantations in the Ivory Coast as part of this system. Our brief argues that the ATS must apply to U.S. corporations to remedy violations of international law, that international law recognizes aiding and abetting liability, and that to aid and abet violations from the United States that cause injury on foreign soil "touch[es] and concern[s]" the United States.

Case Timeline

December 1, 2020
Oral argument in U.S. Supreme Court
December 1, 2020
Oral argument in U.S. Supreme Court
October 21, 2020
Center for Constitutional Rights and 14 other human rights organizations file brief as amicus curiae in support of formerly enslaved individuals; additional amicus briefs filed in support of respondents (plaintiffs)
October 21, 2020
Center for Constitutional Rights and 14 other human rights organizations file brief as amicus curiae in support of formerly enslaved individuals; additional amicus briefs filed in support of respondents (plaintiffs)
October 14, 2020
Briefs of respondents (plaintiffs)
September 8, 2020
Seven briefs of amicus curiae, including one by Acting Solicitor General of the United States, are filed in support of corporations
September 8, 2020
Seven briefs of amicus curiae, including one by Acting Solicitor General of the United States, are filed in support of corporations
July 2, 2020
U.S. Supreme Court grants corporations' petition for review
July 2, 2020
U.S. Supreme Court grants corporations' petition for review
Nestlé USA and Cargill file their briefs on August 31, 2020.
October 23, 2018
Ninth Circuit Court of Appeals reverses district court's dismissal of case
October 23, 2018
Ninth Circuit Court of Appeals reverses district court's dismissal of case
The Ninth Circuit Court of Appeals amends its opinion and denies the corporations' petition for rehearing on July 5, 2019.
July 14, 2016
Plaintiffs file second amended complaint incorporating analysis of Kiobel "touch-and-concern" test
July 14, 2016
Plaintiffs file second amended complaint incorporating analysis of Kiobel "touch-and-concern" test
July 14, 2005
Six people who were trafficked from Mali as children and forced to work on cocoa plantations in Côte d'Ivoire file complaint against Nestlé USA, Inc., Cargill, Inc., and other corporations for complicity in forced labor and child slavery
July 14, 2005
Six people who were trafficked from Mali as children and forced to work on cocoa plantations in Côte d'Ivoire file complaint against Nestlé USA, Inc., Cargill, Inc., and other corporations for complicity in forced labor and child slavery