9th Circuit Orders Mediation in Rio Tinto Alien Tort Case

Nearly a decade into a court battle involving a foreign company and its alleged role in spurring civil war in a South Pacific country, the 9th Circuit is suggesting mediation. The court issued the surprising en banc order in a case that stood to test the scope and reach of the 1789 Alien Tort Act. A successful mediation might allow the court to avoid, for now, some of the tougher questions surrounding the law’s use in targeting corporate behavior overseas. The mediation directive prompted a scorching dissent from one judge.