Devas v. Antrix: Headed back to the Ninth Circuit?
On Monday, the Supreme Court held oral argument in Devas v. Antrix to decide “whether plaintiffs must prove minimum contacts before federal courts may assert personal jurisdiction over foreign states sued under the Foreign Sovereign Immunities Act (FSIA).” Minimum contacts between the defendant and the United States might be required as a matter of statutory…
Continue ReadingForeign States are “Persons”: CC/Devas v. Antrix Amicus Brief
The Supreme Court may soon resolve an important constitutional question: whether foreign states are “persons” entitled to Fifth Amendment due process. For those who engage seriously with the text, history, and structure of the Constitution, there is a ready answer: yes, foreign states are “persons.” The scope of the “process” to which foreign states are…
Continue ReadingHappy New Year!
TLB will be on winter break until January 7, 2025. We wish you all the best in the new year!
Continue ReadingSecond Circuit Holds for the Government in Halkbank Remand
The U.S. Court of Appeals for the Second Circuit has issued its opinion in U.S. v. Turkiye Halk Bankasi (Halkbank) following the Supreme Court’s decision to remand the case for further consideration of common law immunity issues. The same panel of Second Circuit judges held for the government the first time it heard the case…
Continue ReadingIsraeli Data Protection Law No Bar to U.S. Discovery
A U.S.-based mobile gaming platform called Skillz sued its Israeli-based competitor, Papaya Gaming Ltd., for false advertising and deceptive practices. Skillz claimed that Papaya used “bots,” despite advertising to customers that they would be competing against real humans. Papaya counterclaimed, making nearly identical allegations against Skillz for allegedly misrepresenting that Skillz players compete against people,…
Continue ReadingU.S. and Foreign Litigation Relating to the Events in Gaza
High profile cases against Israel and Germany have been bought before the International Court of Justice, alleging violations of international law with respect to events in Gaza following the October 7, 2023, attacks by Hamas. The prosecutor of the International Criminal Court is seeking five warrants of arrest against Israelis and Hamas leaders for war…
Continue ReadingJPMorgan Caught Up in U.S. Sanctions Against Russia
A recent dispute in U.S. federal court shows that efforts to isolate Russia through sanctions are seeping into the courts of both countries. As the economic and legal regimes of Russia and the United States drift further apart, both Russian and U.S. courts have become increasingly bold in flouting the orders of the other. This…
Continue ReadingD.C. Circuit Remands Helms-Burton Case Against Cimex
Exxon (then Standard Oil) owned several subsidiaries in Cuba that were expropriated without compensation by the Cuban government in 1960. In 1996, Congress enacted the Cuban Liberty and Democratic Solidarity Act (CLDS), which permits suits by U.S. plaintiffs against those who traffic in property confiscated by the Cuban government. Exxon has sued Cuban state-owned companies…
Continue ReadingD.C. Circuit Revives Case by Former Saudi Official with Ties to U.S. Intelligence
Dr. Saad Aljabri, a former Saudi official who lives in Canada, sued Crown Prince Mohammed bin Salman (“MBS”) and other defendants, alleging that they tracked him down and tried to kill him because of his relationship to the United States and to the former Crown Prince of Saudi Arabia. As covered at TLB, federal district…
Continue ReadingVictims of Hamas sue UNRWA
Victims of the October 7, 2023, attacks by Hamas have sued UNRWA USA, a Delaware non-profit that provides aid for Palestinians in Gaza. The case is one of several involving the war in Gaza, including one filed by residents of Gaza against the Biden administration and one brought by victims of Hamas against the National…
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