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Case of the Day: Harrison v. Sudan

USS Cole
USS Cole after the attack. Credit: Sgt. Don L. Maes, USMC

The case of the day is Harrison v. Sudan (2d Cir. 2016). I wrote about the case about a year ago. Today’s decision is on a petition for rehearing brought by Sudan, joined by the United States as amicus curiae.

Here was my statement of the facts from the prior post:
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Case of the Day: Sokolow v. PLO

Woman being evacuated after a Jerusalem terror attack
Aftermath of a 2002 Palestinian terror attack in Jerusalem. Credit: Times of Israel / Flash90

The case of the day is Sokolow v. Palestine Liberation Organization (2d Cir. 2016). I wrote about a similar case, Safra v. Palestinian Authority, back in 2015. The gist of the earlier case, which was decided in Washington, was that the Palestinian Authority could not be sued for damages under the Anti-Terrorism Act because it was not subject to the court’s personal jurisdiction. The irony in Safra was that in order to prevail, the PA had to argue that it wasn’t a state, since states are always subject to the personal jurisdiction of the district courts in cases where an exception to FSIA immunity applies. That’s not a legal argument the supporters of unilateral declarations of Palestinian statehood are likely to want to trumpet, but it carried the day.
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Case of the Day: Georges v. United Nations

Haitians confronting peacekeepers about cholera

The case of the day is Georges v. United Nations (2d Cir. 2016). This is the Haiti cholera case. I’ve written about it a couple of times, including a post on the District Court’s decision dismissing the complaint. From the beginning I predicted dismissal on immunity grounds, and barring en banc review or intervention by the Supreme Court, that’s how it’s turned out.

Here was my description of the case from the prior post:
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