Asbestos-related illnesses are still a major issue, even though the U.S. has banned most uses of asbestos. The problem is that many products that contain asbestos are still being imported from countries like Russia and China. U.S. courts have limited the use of the Alien Tort Statute (ATS) against foreign corporations, making it challenging to hold foreign manufacturers accountable for asbestos exposure.
What Is the Alien Tort Statute?
The Alien Tort Statute (ATS) is a U.S. law that allows non-citizens to take cases to federal courts that violate international law. The law was originally passed in 1789 and was rarely used until the late 20th century. It then became a tool for holding corporations responsible for violating human rights and environmental harm.
For years, plaintiffs have tried to use the ATS to sue foreign asbestos manufacturers whose products caused harm in the U.S. However, recent Supreme Court decisions have made it harder to bring these cases forward.
Jurisdictional Challenges in Asbestos Cases
In Kiobel v. Royal Dutch Petroleum (2013), the Supreme Court ruled that ATS lawsuits must have a strong connection to the U.S. If a company’s actions happened entirely overseas, the lawsuit cannot move forward in U.S. courts. This makes it difficult to sue foreign asbestos manufacturers, even when their products end up harming Americans.
In Jesner v. Arab Bank (2018), the Court went even further and ruled that foreign corporations cannot be charged under the Alien Tort Statute at all. This decision blocked direct lawsuits against companies that operate outside the U.S. It, therefore, forced plaintiffs to seek other legal options.
Who Can Be Held Accountable?
Since foreign manufacturers cannot be sued under the ATS, lawsuits have shifted toward holding U.S. companies liable for importing and distributing asbestos-containing products. Legal strategies now focus on the following aspects:
- Suing U.S. importers and distributors who knowingly sell asbestos-tainted materials.
- Using consumer protection laws to target companies that fail to warn about asbestos exposure.
- Filing state-level lawsuits to recover damages for asbestos-related illnesses.
Even though foreign manufacturers cannot be sued directly, there is still legal hope for those suffering from asbestos-related diseases. Contact Pourciau Law Firm today, and we’ll help you fight for the justice you rightly deserve.