Letters Blogatory

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

Posts tagged “Sudan

Update on Sudan v. Harrison

Posted on July 10, 2018

Readers, here is a post from friend-of-the-blog Jared Hubbard, who is counsel to amici in Sudan v. Harrison, next term’s case on service of process under the FSIA. I wanted to follow on from Ted’s excellent work in keeping us updated about foreign service of process with some additional information on the Sudan v. Harrison case, which was recently taken up by the Supreme Court. As full disclosure, I represent a group of international law professors who have appeared as amici curiae in support of Sudan’s position in the case. The case involves how foreign states may be served under the Foreign Sovereign Immunities Act (“FSIA”). 28 USC § 1608(a)(3) says that service may be made “by sending a copy of the summons and…

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Supreme Court Grants Cert. in Sudan v. Harrison

Posted on July 6, 2018

At the June 21 conference, shortly before the end of the Term, the Supreme Court granted a cert. petition in Republic of Sudan v. Harrison, which I covered back in 2016. The issue is whether you can comply with the FSIA’s service requirements by sending the summons and complaint by mail to the foreign state’s minister of foreign affairs in care of the embassy in the United States, rather than by mail addressed to the ministry in the foreign capital. I will keep you posted on this interesting case in the next term.

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Cert. Watch: Sudan v. Harrison and Kumar v. Sudan

Posted on June 19, 2018

Here is an update to an earlier cert. watch on an interesting service of process question under the FSIA. There are now two petitions before the Supreme Court, Republic of Sudan v. Harrison, No. 16-1094, and Kumar v. Republic of Sudan, No. 17-1269. The question in both is whether you can serve process on a foreign state under the FSIA (28 U.S.C. § 1608(a)(3)) by mailing the summons and complaint to the foreign minister in care of the foreign state’s embassy or consulate, rather than by mailing the summons and complaint to the foreign minister at the foreign ministry.

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