KIOBEL v. MILLSON

Docket No. 07-3903-cv.

592 F.3d 78 (2010)

Esther KIOBEL, individually and on behalf of her late husband, Dr. Barinem Kiobel, Bishop Augustine Nume John-Miller, Charles Baridorn Wiwa, Israel Pyakene Nwidor, Kendricks Dorle Kwikpo, Anthony B. Witah-Kote, Victor B. Wifa, Dumle J. Kunenu, Benson Magnus Ikari, Legbara Tony Idigma, Pius Nwinee, Kpobari Tusima, Plaintiffs-Appellees, v. Rory O. MILLSON, Thomas G. Rafferty, Michael T. Reynolds, Appellants, Royal Dutch Petroleum Company, Shell Transport & Trading Company PLC, Shell Petroleum Development Company of Nigeria, Ltd., Defendants.

United States Court of Appeals, Second Circuit.

Decided: January 8, 2010.


Attorney(s) appearing for the Case

Peter Nordberg (Stephen A. Whinston, Carey R. D'Avino, Keino R. Robinson, on the brief), Berger & Montague, P.C., Philadelphia, PA., for Plaintiff-Appellees.

Rowan D. Wilson (Douglas J. Dixon, Noah J. Phillips, on the brief), Cravath, Swaine & Moore LLP, New York, NY, for Appellants.

Before: JACOBS, Chief Judge, LEVAL, and CABRANES, Circuit Judges.


JOSÉ A. CABRANES, Circuit Judge:

In this appeal we consider a challenge to the imposition of sanctions under Rule 11 of the Federal Rules of Civil Procedure. Appellants are defense counsel in an action brought pursuant to the Alien Tort Statute ("ATS"), 28 U.S.C. § 1350, for alleged violations of customary international law in Nigeria. They seek review of an order of the United States District Court for the Southern District of New York (Kimba M. Wood, ...

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