Letters Blogatory

The Blog of International Judicial Assistance | By Ted Folkman of Folkman LLC

Posts tagged “FSIA

Case of the Day: Opati v. Sudan

Posted on May 19, 2020

Here is a guest post from friend of Letters Blogatory Minyao Wang on Opati v. Sudan, the Supreme Court’s latest look at the FSIA. If I can editorialize about his last paragraph for a second: I don’t think that we should encourage Congress to think carefully about retroactivity when putting together a bill to allow COVID-19-related lawsuits against China. I think we should say, “Congress! Stop messing up the law of foreign sovereign immunity! Just leave it alone!” Earlier this week the Supreme Court unanimously ruled for the plaintiffs in Opati v. Republic of Sudan, holding that a law passed by Congress in 2008 that authorizes punitive damages against foreign governments for supporting terrorism applies to misconduct predating the law. This case gave the…

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Unmeritorious Case Of The Day: Missouri v. China

Posted on April 27, 2020

I’m keeping an eye on Missouri v. People’s Republic of China, a case just filed in the Eastern District of Missouri. The claim is against the Chinese government and several ministries and local governments, as well as the Communist Party of China and two institutes whose status is unclear, the Wuhan Institute of Virology and the Chinese Academy of Sciences. For the moment I am going to assume that all of the defendants are either foreign states, political subdivisions of a foreign state, or agencies or instrumentalities of a foreign state, though I’ll discuss the CCP below. The claim is, more or less, that China is responsible for the global pandemic and the harm it has caused in the United States.

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