July 26, 2017

Adhikari v. Kellogg Brown & Root, Inc. (Docket No. 16-1461)

Issue: Whether, under Kiobel v. Royal Dutch Petroleum’s “touch and concern” test, courts must consider all connections Alien Tort Statute claims have to U.S. territory, as the U.S. Court of Appeals for the 4th, 9th, and 11th Circuits have held, or only the location of the alleged tort itself, as the U.S. Court of Appeals for the 2nd and 5th Circuits have held.

In this litigation, Cohen Milstein represents the families of 12 men and one surviving laborer who were trafficked from Nepal to Iraq.  The men believed they were going to work at hotels in Jordan and elsewhere, but instead were instead taken against their will to work for a US military contractor at a U.S. military base in Iraq.  Unfortunately, the 12 men were captured by insurgents and killed on the way to the US base where they were to work. Their families and the surviving laborer filed suit against the contractor, KBR, in the United States, the only available forum.