Mohamed v. Jeppesen Dataplan, Inc.

Five foreign nationals (plaintiffs) alleged the CIA operated an extraordinary rendition program that detained and transported suspected terrorists to foreign countries for interrogation using illegal methods, and that Jeppesen Dataplan (defendant), a U.S. corporation, knowingly provided flight-planning services for those rendition flights. The plaintiffs sued Jeppesen under the Alien Tort Statute for forced disappearance, torture, and cruel treatment; the government intervened, asserting the state secrets privilege and moving to dismiss, and the district court granted both the government's motion and judgment for Jeppesen. On appeal, a three-judge panel initially reversed, but the case was reheard, and by the time of decision the executive branch had revised its policy for invoking the state secrets privilege.