Throwback Thursday: Banco Nacional de Cuba v. Sabbatino
Sixty years ago, on March 23, 1964, the U.S. Supreme Court handed down its decision in Banco Nacional de Cuba v. Sabbatino. By a vote of 8-1, the Court held that the act of state doctrine prevented U.S. courts from questioning the validity of Cuba’s expropriations of property owned by U.S. nationals, even if the…
Continue ReadingSecond Circuit Hears Halkbank Oral Argument
On February 28, 2024, the Second Circuit heard oral argument in United States v. Turkiye Halk Bankasi A.S. From the judges’ questions—which admittedly came almost exclusively from Judge Bianco—the panel seems likely to hold that Halkbank, a Turkish state-owned bank, is not immune under federal common law from criminal prosecution for violating U.S. sanctions on Iran. That…
Continue ReadingWhat Does Customary International Law Say About Halkbank’s Immunity?
Tomorrow, the Second Circuit will hear argument in United States v. Turkiye Halk Bankasi A.S. to consider whether Halkbank, a Turkish state-owned bank (but not its central bank), is immune from criminal prosecution for violating U.S. sanctions on Iran. Halkbank claimed immunity under both the Foreign Sovereign Immunities Act (FSIA) and federal common law. The U.S….
Continue ReadingU.S. Brief in Halkbank Abandons Customary International Law in Immunity Cases
In Turkiye Halk Bankasi A.S. v. United States (Halkbank), the Supreme Court held that the Foreign Sovereign Immunities Act (FSIA) does not apply to criminal proceedings. The Court remanded Halkbank’s separate claim of common law immunity to the Second Circuit for reconsideration. On November 20, 2023, after two extensions, the United States filed its brief on remand. The U.S….
Continue ReadingThrowback Thursday: Eighty Years of Ex Parte Republic of Peru
Back in 1943, the Supreme Court issued its opinion in an admiralty case against the Ucayali, a Peruvian steamship. A Cuban company brought the in rem action in a federal district court in Louisiana alleging that the steamship violated a charter agreement by failing to carry a cargo of sugar from Peru to New York….
Continue ReadingFederal Law and Choice-of-Law Reform
How much should federal law have to say about the choice-of-law rules used by federal courts in diversity cases? In Klaxon v. Stentor Electric Manufacturing Co., Inc., the U.S. Supreme Court held that federal courts sitting in diversity should apply the choice-of-law rules prevailing in the states in which they sit. This post defends the…
Continue ReadingHalkbank On Remand: Immunity and Extraterritoriality – Judicial Deference or Customary International Law?
The Supreme Court surprised some by ruling unanimously in Turkiye Halk Bankasi A.S. v. United States that the Foreign Sovereign Immunities Act (FSIA) does not protect Halkbank from criminal prosecution in U.S. courts. Seven Justices concluded that the FSIA applies solely to civil actions but remanded the case – without guidance – for the Second…
Continue ReadingDiscovery and Immunity: LIV v. PGA
The U.S. legal battle between the PGA Tour (Tour) and the upstart rival LIV Golf continues to revolve around discovery. As regular TLB readers know, LIV Golf is a new professional golf tour that competes with the PGA, in part by luring PGA players to play in LIV tournaments. LIV is financed by the Public Investment…
Continue ReadingDear Justice Gorsuch: There’s No Reason to Worry About the Remand in Halkbank
In Turkiye Halk Bankasi A.S. v. United States (Halkbank), the Supreme Court held that the Foreign Sovereign Immunities Act (FSIA) does not apply to criminal proceedings. The Court remanded the case to the Second Circuit to reconsider Halkbank’s claim of common law immunity. Justice Gorsuch, joined by Justice Alito, wrote a partial dissent. He would…
Continue ReadingOpen Questions after Halkbank
The Supreme Court held this week in Türkiye Halk Bankasi, A.S. v. United States that the Foreign Sovereign Immunities Act (FSIA) does not apply to criminal prosecutions. That holding was a blow to Halkbank—a foreign state-owned enterprise under indictment—which had argued that the FSIA provided it with immunity. But the case is not over. The…
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