The Burden of Proving Foreign Sovereign Immunity
The Supreme Court has granted cert in Republic of Hungary v. Simon and will soon hear oral argument, likely in December. The principal question is how to interpret “property exchanged for such property” under the Foreign Sovereign Immunities Act’s (FSIA) expropriation exception, 28 U.S.C. § 1605(a)(3). But the three issues before the Court also include…
Continue ReadingSupreme Court Grants Cert in Holocaust Expropriation Case
The Supreme Court granted cert this morning in Republic of Hungary v. Simon to consider further questions under the expropriation exception of the Foreign Sovereign Immunities Act. In Republic of Germany v. Philipp(2021), the Supreme Court held that the expropriation exception does not apply to a government’s taking of the property of its own nationals….
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