Remarks by Shayak Sarkar
Lucas Roorda's analysis of the realities and prospects of European liability for corporate defendants is particularly timely in light of the recent U.S. Supreme Court decisions in Kiobel v. Royal Dutch Petroleum1 and Jesner v. Arab Bank2 limiting foreign direct liability (FDL) in American courts. I make three brief points in response to Lucas's thoughtful contribution: the importance of empirical research on the relevance and role of European fora; consideration of litigation as part of a broader strategy by accountability-seeking plaintiffs; and the distinction between intentional and negligence-based torts.
1964 ◽
Vol 58
(4)
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pp. 935-951
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1978 ◽
Vol 17
(1)
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pp. 60-67
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2017 ◽
Vol 70
(3)
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pp. 632-643
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2014 ◽
Vol 2
(4)
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pp. 223-241
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Keyword(s):