Letters Blogatory

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

Posts tagged “Sudan

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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Case of the Day: Maalouf v. Iran

Posted on May 13, 2019

The case of the day is Maalouf v. Iran (D.C. Cir. 2019). The cases arose out of the 1983 and 1984 bombings of US diplomatic missions in Beirut by Hizbullah and the 1998 bombings of the US embassies in Kenya and Tanzania by Al Qaeda. The Iranian government has been linked to all of the bombings, and the Sudanese government to the bombings in Africa. I wrote about one of the cases in the lower court, Kinyua v. Sudan, about a year ago, and about Maalouf itself in April 2018.

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Sudan v. Harrison: The Oral Argument

Posted on November 8, 2018

Letters Blogatory contributor Jared Hubbard, who represented a group of amici arguing in favor of Sudan, was at the Supreme Court yesterday for oral argument in Sudan v. Harrison, and he shares the following report. To set the stage: victims of the USS Cole bombing sued Sudan for damages. The plaintiffs sought to serve process on Sudan by sending the summons by mail to the minister of foreign affairs, via the Sudanese embassy in Washington, under 28 U.S.C. § 1608(a)(3). Before the Second Circuit’s decision holding that the service was sufficient, I should have said that the service was obviously insufficient and that there is no good reason to stretch the statute to accommodate what the plaintiffs did here, since § 1608(a)(4) provides a…

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