Can a Government Contractor Be Sued Under the ATS?
The suit against Jeppesen is not the first lawsuit to name a government contractor as a defendant under the ATS. To the contrary, as I noted in an earlier column, suits have been brought against some of the government contractors who provided guards at the Abu Ghraib prison. These ATS claims — against Titan Corp. and CACI –were dismissed by Judge James Robertson of the United States District Court for the District of Columbia. However, as I explained in my prior column, Judge Robertson’s application of precedent, while technically correct, was woefully in conflict with better- reasoned precedent from other circuits, including the Ninth. Now, the Ninth Circuit can return to the question that the D.C. Circuit would not touch: Can a government contractor be liable under the ATS for implementing a government policy that clearly violates customary international law and treaties signed by the United States? I think the answer has to be yes. Why It’s Impossible to Go After Government Contra
Related Questions
- Transition time from Government to Contractor is dependent on the Offer and the service or item that needs to be transitioned. Is there a specific question?
- Has anyone ever hired GSA Preview (aka GSA 1000) to become a pre-qualified contractor for government jobs?
- Why does the government penalize a contractor for paying cash in lieu of benefits?
