53 Cited authorities

Kokkonen v. Guardian Life Ins. Co. of America
511 U.S. 375 (1994) Cited 19,152 times 5 Legal Analyses
Holding that absent a reservation of jurisdiction in the stipulated dismissal order, federal courts lack jurisdiction to consider enforcement of a settlement agreement
Steel Co. v. Citizens for Better Env't
523 U.S. 83 (1998) Cited 10,803 times 15 Legal Analyses
Holding that a court "act ultra vires" when it assumes "hypothetical jurisdiction" in order to rule on the merits
Morrison v. National Australia Bank Ltd.
561 U.S. 247 (2010) Cited 1,467 times 177 Legal Analyses
Holding extraterritorial application of a statute is a merits question, not a question of subject matter jurisdiction
Sosa v. Alvarez-Machain
542 U.S. 692 (2004) Cited 1,175 times 16 Legal Analyses
Holding that no "private cause of action" had been Congressionally authorized, and thus, plaintiff was "not entitled to a remedy"
Leocal v. Ashcroft
543 U.S. 1 (2004) Cited 1,155 times 23 Legal Analyses
Holding that a "DUI causing serious bodily injury" is not a "crime of violence"
Kiobel v. Royal Dutch Petroleum Co.
569 U.S. 108 (2013) Cited 478 times 45 Legal Analyses
Holding that the ATS does not authorize an action for a tort that occurred entirely outside of the United States
Kiobel v. Royal Dutch Petroleum Co.
621 F.3d 111 (2d Cir. 2010) Cited 1,023 times 21 Legal Analyses
Holding ATS liability does not extend to corporate defendants
United States v. Kozminski
487 U.S. 931 (1988) Cited 464 times
Holding that for purposes of prosecution under § 241 for subjecting an individual to involuntary servitude, the jury must be instructed that involuntary servitude is the compulsion of services by the use or threatened use of physical or legal coercion
Grand Lodge of Frat. Order of Police v. Ashcroft
185 F. Supp. 2d 9 (D.D.C. 2001) Cited 755 times 1 Legal Analyses
Holding that the court has an "affirmative obligation to ensure that it is acting within the scope of its jurisdictional authority"
Abagninin v. Amvac Chemical Corp.
545 F.3d 733 (9th Cir. 2008) Cited 408 times
Holding district court properly granted judgment on the pleadings as to unserved defendants where such defendants were in a position similar to served defendants
Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing
Fed. R. Civ. P. 12 Cited 347,588 times 925 Legal Analyses
Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Section 1101 - Definitions
8 U.S.C. § 1101 Cited 16,392 times 91 Legal Analyses
Finding notice and comment rulemaking is required for the agency's interim rule recognizing fear of coercive family practices as basis for refugee status
Section 1591 - Sex trafficking of children or by force, fraud, or coercion
18 U.S.C. § 1591 Cited 2,636 times 21 Legal Analyses
Defining serious harm as "any harm, whether physical or nonphysical, including psychological [or] financial . . . harm, that is sufficiently serious . . . to compel a reasonable person of the same background and in the same circumstances to perform . . . commercial sexual activity in order to avoid incurring that harm"
Section 1350 - Alien's action for tort
28 U.S.C. § 1350 Cited 1,167 times 64 Legal Analyses
Granting district courts jurisdiction over "any civil action . . . for a tort only, committed in violation of the law of nations"
Section 1589 - Forced labor
18 U.S.C. § 1589 Cited 700 times 14 Legal Analyses
Defining "serious harm" as that which would compel a "reasonable person" to perform or continue performing labor to avoid incurring such harm
Section 1595 - Civil remedy
18 U.S.C. § 1595 Cited 633 times 12 Legal Analyses
Authorizing lawsuits against those who "benefit ... from participation in a [trafficking] venture"
Section 1581 - Peonage; obstructing enforcement
18 U.S.C. § 1581 Cited 609 times 5 Legal Analyses
Holding in peonage
Section 1590 - Trafficking with respect to peonage, slavery, involuntary servitude, or forced labor
18 U.S.C. § 1590 Cited 221 times 2 Legal Analyses
Prohibiting "transport[ing] ... any person for labor or services in violation of this chapter"
Section 1584 - Sale into involuntary servitude
18 U.S.C. § 1584 Cited 201 times 4 Legal Analyses
Holding persons in involuntary servitude
Section 1592 - Unlawful conduct with respect to documents in furtherance of trafficking, peonage, slavery, involuntary servitude, or forced labor
18 U.S.C. § 1592 Cited 99 times 1 Legal Analyses
Excepting victims of severe forms of trafficking from a statute prohibiting certain conduct with respect to passports and immigration documents “in furtherance of trafficking, peonage, slavery, involuntary servitude, or forced labor”

Keo Ratha et al v. Phatthana Seafood Co., Ltd. et al

53 Cited authorities

Holding that absent a reservation of jurisdiction in the stipulated dismissal order, federal courts lack jurisdiction to consider enforcement of a settlement agreement

Holding that a court "act ultra vires" when it assumes "hypothetical jurisdiction" in order to rule on the merits

Holding extraterritorial application of a statute is a merits question, not a question of subject matter jurisdiction

Holding that no "private cause of action" had been Congressionally authorized, and thus, plaintiff was "not entitled to a remedy"

Holding that a "DUI causing serious bodily injury" is not a "crime of violence"

Holding that the ATS does not authorize an action for a tort that occurred entirely outside of the United States

Holding ATS liability does not extend to corporate defendants

Holding that for purposes of prosecution under § 241 for subjecting an individual to involuntary servitude, the jury must be instructed that involuntary servitude is the compulsion of services by the use or threatened use of physical or legal coercion

Holding that the court has an "affirmative obligation to ensure that it is acting within the scope of its jurisdictional authority"

Holding district court properly granted judgment on the pleadings as to unserved defendants where such defendants were in a position similar to served defendants

Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

Finding notice and comment rulemaking is required for the agency's interim rule recognizing fear of coercive family practices as basis for refugee status

Granting district courts jurisdiction over "any civil action . . . for a tort only, committed in violation of the law of nations"

Defining "serious harm" as that which would compel a "reasonable person" to perform or continue performing labor to avoid incurring such harm

Authorizing lawsuits against those who "benefit ... from participation in a [trafficking] venture"

Holding in peonage

Prohibiting "transport[ing] ... any person for labor or services in violation of this chapter"

Holding persons in involuntary servitude

Excepting victims of severe forms of trafficking from a statute prohibiting certain conduct with respect to passports and immigration documents “in furtherance of trafficking, peonage, slavery, involuntary servitude, or forced labor”