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· 4/20/2015

TRU Exploration, LLC, TRU Exploration \Creating TRU Partners\, LLC, Trent Trubenbach and Donna Burton v. Energy Exploration I, LLC and Energy Exploration II, LLC

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that the ATS does not apply to foreign corporations
  • acknowledging that “[t]he 2 political branches, not the Judiciary, have the responsibility and institutional 3 capacity to weigh foreign-policy concerns”
  • noting that we are bound to follow our precedent unless there is “conflict, incompatibility, or inconsistency” between it and a intervening Supreme Court decision (quotation marks and alterations omitted)
  • finding that courts must defer to Congress regarding the creation of a damages remedy “if there are sound reasons to think Congress might doubt the efficacy or necessity” of such a remedy
  • refusing to imply a cause of action against foreign corporation for terrorist activities that was not expressly provided for by Congress in the plain text of the Alien Tort Statute
  • noting the 7 “[Supreme] Court’s general reluctance to extend judicially created private rights of action,” citing 8 Abbasi

Source: CourtListener parenthetical corpus (CC0).

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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.