The case of the day is Receivers of Sabena SA v. Deutsche Bank AG (N.Y. App. Div. 2016). Sabena, before it became insolvent, was Belgium’s national airline. It provided airplane maintenance services to Sudan Airways Ltd. In 1997, to pay for some services Sabena had provided for its planes, Sudan Airways initiated an electronic funds transfer for $360,000 with Sabena as the beneficiary. Sudan Airways’s bank was the National Bank of Abu Dhabi. Generale Bank was Sabena’s bank. Bankers Trust, in New York, was the intermediary bank. Its successor-in-interest was Deutsche Bank.
The case of the day is Owens v. Republic of Sudan (D.D.C. 2015). James Owen and the other plaintiffs were victims of the 1998 US embassy bombings in Africa. Owens had a default judgment against the Republic of Sudan and the Islamic Republic of Iran. Under the FSIA, a default judgment has to be sent to the foreign state using one of the FSIA methods of service before the plaintiff can execute on the judgment. 1 The plaintiffs sought an order determining that a reasonable amount of time had passed and that they had properly given the required notice of the judgment. Continue reading Case of the Day: Owens v. Sudan→
As the judge held, this requirement applies even in state-sponsored terrorism cases, notwithstanding Gates v. Syrian Arab Republic, 755 F.3d 568, 575 (7th Cir. 2014), a case to the contrary. ↩