ELLUL v. CONGREGATION OF CHRISTIAN BROS.

Docket No. 11-1682-cv.

774 F.3d 791 (2014)

Emmanuel ELLUL, on behalf of himself and all others similarly situated, Valerie Carmack, on behalf of herself and all others similarly situated, hazel goulding, on behalf of herself and all others similarly situated, Plaintiffs-Appellants, v. CONGREGATION OF CHRISTIAN BROTHERS, Order of the Sisters of Mercy, Catholic Religious Order, Does 1-10, Defendants-Appellees, Mercy International Association, Defendant.

United States Court of Appeals, Second Circuit.

Decided: December 8, 2014.


Attorney(s) appearing for the Case

Neal Deyoung ( H. Rajan Sharma on the brief), Sharma & DeYoung LLP, New York, NY, for plaintiffs-appellants Emmanuel Ellul, Valerie Carmack, and Hazel Goulding.

Timothy James O'Shaughnessy ( Matthew W. Naparty on the brief), Mauro Lilling Naparty LLP, Great Neck, NY, for defendant-appellee Congregation of Christian Brothers.

Thomas Edward Wack ( Michael Gordon Biggers on the brief), Bryan Cave LLP, St. Louis, MO, for defendant-appellee Order of the Sisters of Mercy.

Before: CALABRESI, LYNCH, and LOHIER, Circuit Judges.


In Kiobel v. Royal Dutch Petroleum Co., ___ U.S.___, 133 S.Ct. 1659, 185 L.Ed.2d 671 (2013), the Supreme Court held that, with very limited exceptions, the Alien Tort Statute, 28 U.S.C. § 1350 ("ATS"), does not apply extraterritorially to conduct that occurs outside the...

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