Tag Archives: Iraq

Case of the Day: Saleh v. Bush

US Marines entering an Iraqi palace in Baghdad
Credit: Lance Corporal Kevin C. Quihuis Jr.

The case of the day is Saleh v. Bush (9th Cir. 2017). Sundus Shaker Saleh was an Iraqi who became a refugee during the Iraq War when Kurdish forces aligned with the United States forced her to leave her home in 2003. She sued former President George W. Bush, Dick Cheney, Donald Rumsfeld, Condoleezza Rice, Colin Powell, Paul Wolfowitz, and the United States. Remember those guys and gals? Saleh brought her claim under the Alien Tort Statute, claiming the defendants had committed the crime of aggression, a violation of customary international law. The government certified that the defendants had been acting within the scope of their offices, and therefore the government was substituted as the sole defendant under the Westfall Act. The court then dismissed the claim on account of Saleh’s failure to exhaust her administrative remedies under the Federal Tort Claims Act. Saleh appealed.
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Case of the Day: Iraq Middle Market Development Foundation v. Harmoosh

The case of the day is Iraq Middle Market Development Foundation v. Harmoosh (4th Cir. 2017). The Foundation lent $2 million to Al-Harmoosh for General Trade, Travel, and Tourism, an Iraqi company. The loan agreement had an agreement to arbitrate all “disputes, controversies and claims between the parties which may arise out of or in connection with the Agreement.” Mohammad Harmoosh, a managing partner of Al-Harmoosh, gave a promissory note to the Foundation to guarantee payment of the loan. When Harmoosh refused to pay, the Foundation sued for breach of contract in the District of Maryland. Harmoosh successfully moved to dismiss on the grounds that the dispute was arbitrable, but he did not move to compel arbitration.
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Case of the Day: United States ex rel. UXB International v. 77 Insaat & Taahut A.S.

The case of the day is United States ex rel. UXB International, Inc. v. 77 Insaat & Taahut A.S. (W.D. Va. 2015). UXB brought a qui tam action on behalf of the United States against 77 Construction Co., an Afghan corporation, and 77 Group Co., an Iraqi corporation. UXB sought leave to serve process on both defendants by email via the Afghan company’s US lawyer.
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