Letters Blogatory

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

Posts tagged “FSIA

Case of the Day: TIG Insurance v. Argentina

Posted on September 8, 2020

The case of the day is TIG Insurance Co. v. Republic of Argentina (D.C. Cir. 2020). I last wrote about the case a year ago. Here was my description of the case from the prior post: TIG had an arbitral award against Argentina and a default judgment confirming the award that, with interest and penalties, was in the amount of $33.66 million. In 2018, Argentina decided to list real property in Washington for sale. The property had previously been used as a diplomatic residence but had fallen into disrepair. TIG moved for writs of attachment and execution, but Argentina immediately thereafter took the property off the market. The question was whether the property had immunity from execution under the FSIA.

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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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