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Case of the Day: Kinyua v. Sudan
The case of the day is Kinyua v. Republic of Sudan (D.D.C. 2018). The case arose out of the bombing of the US embassies in Kenya and Tanzania in 1998. Since 2001, victims and their families had been suing Iran and Sudan, state sponsors of the terrorist attacks, under the FSIA’s state-sponsored terrorism exception to……
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Case of the Day: Devengoechea v. Venezuela
The case of the day is Devengoechea v. Bolivarian Republic of Venezuela (11th Cir. 2018). Ricardo Devengoechea, a US citizen who lived in Florida, was the descendant of Joaquín de Mier, a friend of the illustrious Simón Bolívar. Bolívar spent his last days on the island of Santa Maria with de Mier, and de Mier……
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Case of the Day: United States v. McLellan
The case of the day is United States v. McLellan (D. Mass. 2018). Ross McLellan was charged with conspiracy, securities fraud, and wire fraud. He sought an order to compel the government to exercise rights under the US/Netherlands MLAT so that he could obtain the testimony of a Dutch citizen for trial. He sought similar……
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Ingrid Wuerth on The Supreme Court’s Original Jursidiction in FSIA Cases
Friend of Letters Blogatory Ingrid Wuerth has a post at Lawfare asking whether the Supreme Court might exercise its original jurisdiction in a case brought by a US state against Russia on account of election meddling. For non-American readers: the Supreme Court typically takes cases by writ of certiorari to the federal courts of appeals……
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Judgment Convention Update
The Judgment Convention continues its progress towards a final text. The special commission on the proposed convention will meet again in the Hague later this month, and a preliminary document (I’ve attached the redlined version) shows some of the proposed approaches to difficult issues.