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Supreme Court Denies Cert in Fighter Jets Case

This morning, the U.S. Supreme Court denied review in Blenheim Capital Holdings Ltd. v. Lockheed Martin Corp., a case asking whether the purchase of fighter jets and other military equipment is a commercial activity under the Foreign Sovereign Immunities Act. Despite a circuit split on the question, the Solicitor General recommended that the Supreme Court…

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Solicitor General Recommends Denial of Cert in FSIA Case

Is a foreign government’s purchase of military equipment a “commercial activity” for purposes of the Foreign Sovereign Immunities Act’s (FSIA) commercial activity exception? In a brief filed on May 14, 2024, at the Supreme Court’s invitation, the Solicitor General (SG) answered “it depends.” This answer is surprising. It is in considerable tension—if not outright conflict—with…

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Cert Petition Highlights Circuit Split on Sovereign Immunity for Military Purchases

The Foreign Sovereign Immunities Act (FSIA) immunizes foreign states from suit in federal and state court. But it makes an exception for actions based on a foreign state’s commercial activities. The Supreme Court’s leading decision interpreting this exception is Republic of Argentina v. Weltover (1992), where the Court unanimously held “that when a foreign government…

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Is Buying Fighter Jets a Commercial Activity?

The Foreign Sovereign Immunities Act (FSIA) allows actions against foreign states to be brought in U.S. courts based on their commercial activities. In Republic of Argentina v. Weltover (1992), the Supreme Court held “that when a foreign government acts, not as regulator of a market, but in the manner of a private player within it,…

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Ingrid (Wuerth) Brunk

Vanderbilt Law School
ingrid.wuerth@vanderbilt.eduEmail

William Dodge

George Washington University Law School
william.dodge@law.gwu.eduEmail

Maggie Gardner

Cornell Law School
mgardner@cornell.eduEmail

John F. Coyle

University of North Carolina School of Law
jfcoyle@email.unc.eduEmail

Zachary D. Clopton

Northwestern Pritzker School of Law
zclopton@law.northwestern.eduEmail

Nora Fangzhou Long

UC Davis School of Law
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Brett Lingguang Wang

Beijing Dacheng Law Offices, LLP
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Amanda Yunshu Li

Beijing Dacheng Law Offices, LLP
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Ted Folkman

Rubin and Rudman LLP
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Melissa Stewart

Georgetown University Law Center
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Matt Slovin

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