According to reports, Kannon Shanmugam dropped out of arguing T.M. v. University of Maryland Medical System Corporation to focus on arguing Cisco Systems v. Doe. As things turned out, Elizabeth Prelogar subbed in for T.M., but lost the pro bono case. And Kannon won, big league. Cisco will be pleased.
Cisco is a major case that effectively slams the door shut on possible liability under the Alien Torts Statute. Businesses will no longer need to decide between providing lucrative settlements or rolling the dice on devastating litigation. But even more importantly, this ruling sends a clear signal to lower courts, including the Ninth Circuit: Bivens is on borrowed time. The Court stated the issue plainly:
While our cases at one time permitted courts to provide redress if Congress remained silent, "we have since rejected the practice of fashioningrights of action as we see fit," FS Credit Opportunities Corp. v. Saba Capital Master Fund, Ltd. (2026). That is so because "[h]ome-grown causes of action are difficult to reconcile with 'the Constitution's separation of legislative and judicial power.'"
