liability

WASHINGTON, April 28 (UPI) — Supreme Court justices appeared divided Tuesday morning about whether a U.S. tech company can be held liable for aiding the Chinese government’s alleged torture of a spiritual minority.

The case is centers on whether practitioners in China of the Falun Gong religion — also called Falun Dafa — can sue California-based tech company Cisco Systems for aiding and abetting violations of the 18th-century Alien Tort Statute and the Torture Victim Protection Act, which was enacted in 1992.

Cisco attorney Kannon Shanmugam called for barring aiding and abetting liability. He argued that allowing liability to be implied would harm the government’s separation of power.

Much of Tuesday’s debate hinged on whether the statute’s 200-year-old “law of nations” wording was applicable to the relatively more modern concept of human rights abuses, as well as whether the first Congress meant for the victim protection act to include second liability for aiding and abetting torture.

The case marks the latest attempt to define the scope of the statue, which for over two centuries has allowed foreigners to bring lawsuits in U.S. courts for serious violations of international law.

More than 20 years ago, Cisco developed and sold to the Chinese government a surveillance system, which the government used to find, interrogate and allegedly torture Falun Gong practitioners.

During arguments for Cisco Systems Inc. vs. Doe I, some justices emphasized Cisco’s awareness of their technology’s role in persecution, while others said that including liability for aiding torture in the alien tort statue contradicted with historical precedent and had foreign policy risks.

But no clear majority converged around either position in the conservative majority court.

“We’ve maybe misled Congress into thinking, ‘Oh, we don’t need to do anything about these human rights things, the courts are taking care of it,'” Justice Brett Kavanaugh said.

“I’m concerned at a separation of powers level that we’re not really allowing suits to go forward, but Congress thinks we are because of a lack of clarity in our case law.”

Justices Ketanji Brown Jackson and Sotomayor appeared more supportive of those who brought forward the original lawsuit — several Chinese nationals and one U.S. citizen.

Addressing the wording of the Torture Victim Protection Act, Sotomayor told Shanmugam: “I’m not sure how you get to your position that ‘subjects to’ can’t mean aiding and abetting because command liability doesn’t necessarily require subjecting someone to the torture.”

“It makes someone who’s in a command position who knows of the torture and permits it to happen … aiding and abetting. We’ve defined aiding and abetting as an active step in permitting and encouraging the substantive act.”

The Alien Tort Statute grants federal district courts original jurisdiction over any civil action in which an alien sues for a tort “committed in violation of the law of nations or of a treaty of the United States.”

“What’s the point of previous [Supreme Court] decisions that determined U.S. corporations could be defendants?” said Sophia Cope, senior staff attorney at Electronic Frontier Foundation, who helped write an amicus brief in support of the Falun Gong members.

“Excluding second liability from the ATS would be a huge loophole for companies to sell services which are used for human rights violations.”

By rejecting judicially created aiding and abetting liability, the court would close the last major loophole that the plaintiffs’ lawyers have “exploited” to keep cases with such claims under the ATS and TVPA alive, said Cory Andrews, vice-president of litigation at the Washington Legal Foundation. The foundation submitted a brief in support of Cisco in February.

“It would reaffirm that the ATS is a narrow 1789 statute, not a modern vehicle for global human-rights enforcement,” Andrews said.

The case had its origins 15 years ago. In 2011, the plaintiffs — 13 Chinese nationals and one U.S. citizen — filed the original suit in the District Court for the Northern District of California, claiming they were targeted using Cisco’s technology and then detained and tortured.

The district court dismissed the claims, but it was brought to the Supreme Court after a panel of federal judges on the U.S. Court of Appeals for the Ninth Circuit agreed in 2023 that the plaintiffs had met a legal threshold to continue with the lawsuit.

A decision is expected by the end of June.

Benn’s fight on Saturday is his first since leaving lifelong promoter Matchroom, having agreed a one-fight deal with Zuffa Boxing in February.

Zuffa Boxing is backed by UFC chief Dana White and Saudi Arabian capital.

White’s ultimate aim is to sideline the four traditional sanctioning bodies – the WBO, WBC, IBF and WBA – and make Zuffa’s belt the premier world title alongside the Ring Magazine title, an organisation owned by Saudi boxing powerbroker Turki Alalshikh.

What Benn’s future looks like beyond his deal with Zuffa Boxing remains unclear, but his desire to win a world title – just as his father Nigel did in the 1990s – remains firm.

Benn has several avenues to explore if he beats Prograis, with Rolando Romero holding the WBA title, Lewis Crocker in possession of the IBF belt and Devin Haney reigning as WBO champion.

But Garcia, whose unpredictability Benn admires, remains the Briton’s number one target.

“You don’t know who’s turning up – you don’t know if Garcia’s turning up,” Benn said.

“You don’t if he’s going to make the fight or not, have some sort of episode. You just don’t know.

“People don’t want to be themselves in the sport of boxing, so I love it when I see a young man under fire for being who he is.

“At least you’re true to yourself and who you are. Whether I like you or not – I don’t him – but some people do, just be who you are.”

Lakers center Deandre Ayton shoots over the Timberwolves’ defense on Tuesday at Crypto.com Arena.

(Ethan Swope / Associated Press)

With 33 missed shots between both teams in the first quarter, Deandre Ayton certainly had plenty of opportunities for rebounds, and the 7-foot center made the most of them.

Ayton almost single-handedly kept the Lakers in contention in the first half, scoring 12 of his 14 points in the second quarter and had a first-half double-double with 11 rebounds.

Ayton, who was scoreless in the first quarter but had six rebounds, scored three of his first four baskets off offensive rebounds. The only exception came when Reaves drove in the lane, wrapped a pass around his back as he found Ayton cutting down the lane for a vicious two-handed dunk. The crowd roared.

“He was a monster,” said Reaves, who had 31 points and eight assists. “… He was the only person scoring for us efficiently and then just being high energy on the other end, just doing what he does. That’s what we need him to do. When he does that, we’re a different team and we’re thankful to have him.”

Ayton’s effort has waned throughout the season, sometimes resulting in him getting benched late in games. But he provided major lifts in marquee wins against the Knicks (six points, eight rebounds) and Timberwolves to earn the confidence and trust of his teammates.

The Lakers needed Ayton at his best after backup centers Jaxson Hayes (back soreness) and Maxi Kleber (lumbar back strain) were ruled out of the game about 15 minutes before tip-off. Hayes was starring in his reserve role in recent weeks, bringing much-needed energy off the bench and a seamless connection with Doncic, but hearing that Ayton would have to hold down the front line by himself gave the former No. 1 draft pick extra motivation.

“I know I’m the only big,” Ayton said, “so I try my best to stay out there as long as possible, especially down the stretch.”