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News & Events


Noerr-Pennington Immunity and the Alien Tort Statute

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Lane Powell Attorney Aaron Brecher authored an essay for the NYU Law Review Online titled “Noerr-Pennington Immunity and the Alien Tort Statute.” In the essay, Brecher discussed two recent court cases in which plaintiffs alleging human rights abuses brought suit in federal court under the Alien Tort Statute (ATS) based on petitioning activity to show the connection to U.S. territory, which is required to move an ATS claim forward. He argues that courts should not allow the use of evidence of First Amendment-protected petitioning to support a claim for which the ATS provides jurisdiction.

To what extent should a court risk chilling the right to petition the government by allowing evidence of unpopular petitioning to prove the violation of customary international law?