The case of the day is Alimanestianu v. United States (Fed. Cir. 2018). I have written about the case twice before, first on the decision on the motion to dismiss in December 2015, then on the decision on the motion for summary judgment in January 2017. Here was my description from the prior post:
The case of the day is Alimanestianu v. United States (Fed. Cl. 2016). This is the summary judgment decision following the decision on a motion to dismiss that I covered in December 2015. Here was my statement of the facts from the earlier post: The plaintiffs are relatives of Mihai Alimanestianu, an American citizen who was killed aboard an airplane that exploded over Niger in 1989. The explosion was due to a terrorist act sponsored by the Libyan government. In 1996, Congress amended the FSIA to eliminate foreign sovereign immunity in cases of personal injury cause by acts of state-sponsored terrorism. In 2002, the plaintiffs sued Libya and several officials. The district court granted a summary judgment in their favor in 2008 for approximately…
The case of the day is Aviation & General Insurance Co. v. United States (Fed. Cl. 2016). I first wrote about the case in June 2015, in connection with the decision denying the government’s motion to dismiss. Here was my description from the prior post: The plaintiffs were insurance and reinsurance companies that had insured the aircraft hulls used on EgyptAir flight 648 and PanAm flight 103, two flights that were victims of terrorist attacks that, the United States determined, were sponsored by the government of Libya. In 1996, Congress amended the FSIA to create a “state-sponsored terrorism” exception to sovereign immunity. The insurers then brought suit against Libya. But in 2008, Congress enacted the Libyan Claims Resolution Act, which allowed the government to…