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Cisco on Remand: Fallout from Human Rights Cases, Part II

TLBlog
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Summary

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  • The Ninth Circuit is reviewing the remand of Cisco Systems Inc. v. Doe, following the Supreme Court's 2026 decision that curtailed modern human rights claims under the Alien Tort Statute (ATS).
  • Plaintiffs argue that their state-law tort claims for assault, battery, and false imprisonment should proceed under the ATS's jurisdictional framework, despite the Supreme Court's ruling against implied federal causes of action.
  • Defendants counter that plaintiffs forfeited this argument and that allowing state-law claims would contradict the Supreme Court’s mandate on remand.
  • The outcome could redefine how federal courts handle state-law tort claims in human rights cases, potentially impacting future litigation under the ATS.

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