Letters Blogatory

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

Posts tagged “Sudan

Case of the Day: Kinyua v. Sudan

Posted on May 21, 2018

The case of the day is Kinyua v. Republic of Sudan (D.D.C. 2018). The case arose out of the bombing of the US embassies in Kenya and Tanzania in 1998. Since 2001, victims and their families had been suing Iran and Sudan, state sponsors of the terrorist attacks, under the FSIA’s state-sponsored terrorism exception to the rule of foreign sovereign immunity. The first round of cases resulted in default judgment against Sudan and Iran. Kinyua and others then sued, bringing similar claims. By that time, Sudan, which had defaulted earlier, was again participating in the FSIA cases against it. It moved to dismiss the action on the grounds that it was barred by the statute of limitations. The terrorism exception requires actions to be…

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Case of the Day: Kumar v. Sudan (With a Circuit Split!)

Posted on January 22, 2018

Under the FSIA, if you are suing a foreign sovereign and there is no special arrangement for service, and if you can’t make service under an applicable treaty such as the Hague Service Convention, you have to serve process “by any form of mail requiring a signed receipt, to be addressed and dispatched by the clerk of the court to the head of the ministry of foreign affairs of the foreign state concerned.” 28 U.S.C. § 1608(a)(3). Perhaps the Sudanese postal service is not very good, or perhaps they didn’t want to wait for service through the diplomatic channel; for whatever reason, plaintiffs in the USS Cole litigation have tried to serve process on Sudan by sending the documents to the Sudanese foreign minister…

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