Balintulo v. Daimler AG’s Empirical Analysis

Citation profile

19 federal appellate · 3 district ·

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 43 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “violations of customary international law based solely on conduct occurring abroad” were not cognizable in U.S. courts under the ATS. Id. 13 . We observe that Justice Breyer’s opinion explicitly regarded the extraterritoriality analysis required by the majority opinion in Kiobel to be jurisdictional in nature, a conclusion that triggered no protest from the majority. Id. at 1673 (Breyer, J., concurring in the judgment). This approach is consistent with our understanding of the ATS as a”

   1 later decision quote this exact passage · from the majority
   e.g. Mastafa v. Chevron Corp.

2. “safe haven” for human rights violators and negatively impact the United States' foreign relations with Bolivia. These policy arguments are similar to the ones the Second Circuit rejected in Balintulo . There, the plaintiffs argued that Kiobel did not bar their ATS claims "because of the compelling American interests in supporting the struggle against apartheid in South Africa.”

   1 later decision quote this exact passage · from the majority
   e.g. Mamani v. Berzaín

3. “of the opinion that [the relevant] order involves a controlling question of law as to which there is substantial ground for difference of opinion and that an immediate appeal from the order may materially advance the ultimate termination of the litigation.”

   1 later decision quote this exact passage · from the majority
   e.g. Petersen Energía Inversora S.A.U. v. Argentine Republic & YPF S.A.