“Ramchandra Adhikari et al v. KBR, et al -  Amicus Curiae brief of EarthRights International and Center for Constitutional Rights in Support of Appellants and Reversal, US Court of Appeals for the Fifth Circuit”, 1 Oct 2015

...This case involves allegations that U.S. corporations participated in the illegal trafficking of laborers to work on a U.S. military base in Iraq fulfilling Defendants’ contract with the U.S. Government…The district court dismissed Plaintiffs-Appellants’ ATS claims because it found them barred by Kiobel…The court concluded that the tortious conduct occurred outside the United States and that therefore the claims did not “touch and concern” the United States…Amici address only the question of whether ATS claims necessarily touch and concern the United States with sufficient force where the defendant alleged to have violated universally recognized human rights norms is a U.S. national.  They do…Kiobel was a “foreign-cubed” case, where the Supreme Court was concerned about the legal and foreign policy implications of haling a foreign citizen into a U.S. court without any relationship between the case and the United States.  None of those concerns apply where, as here, the defendant is a U.S. national...Accordingly, the Court should conclude that the ATS provides a federal forum for claims against a U.S. national…