CVSG in Chabad v. Russian Federation: Another Question of Foreign State Immunity
On June 2, 2025, the Supreme Court called for the views of the Solicitor General (“CVSG”) in Chabad v. Russian Federation. In Chabad’s petition for certiorari, the question presented is whether the Foreign Sovereign Immunities Act (FSIA)’s expropriation exception applies to a foreign state if the expropriated property—or property exchanged for it— is located outside…
Continue ReadingSCOTUS Rules for Gun Manufacturers in Mexico Suit but Denies Blanket Immunity
This article was first published on Just Security. Prior TLB coverage of the case can be found here. On June 5, in Smith & Wesson Brands Inc., et al. v. Estados Unidos Mexicanos, the U.S. Supreme Court unanimously ruled that Mexico’s lawsuit against seven U.S. gun manufacturers and one distributor is barred by the immunity…
Continue ReadingSupreme Court Decides Fuld v. PLO
The Supreme Court today unanimously reversed the Second Circuit in Fuld v. Palestine Liberation Organization, holding that the personal jurisdiction provisions of the Promoting Security and Justice for Victims of Terrorism Act (PSJVTA) do not violate the Fifth Amendment’s Due Process Clause. Chief Justice Roberts wrote the opinion, which was joined by Justices Alito, Sotomayor,…
Continue ReadingThree Questions for the Ninth Circuit in Antrix
The Supreme Court’s recent decision in CC/Devas (Mauritius) Ltd. v. Antrix Corp. Ltd. represents a minimalist response to a narrow question embedded in a procedural labyrinth. As Ingrid Brunk noted on TLB, the Court resolved no significant issue, but rather corrected an obvious mistake by the Ninth Circuit. However, the case bristles with potential. Depending…
Continue ReadingSupreme Court Remands CC/Devas v. Antrix
To the surprise of no one, today the Supreme Court reversed and remanded CC/Devas v. Antrix. The Ninth Circuit had held that the Foreign Sovereign Immunities Act (FSIA) always requires minimum contacts between the defendant and the United States, an argument so weak that the respondents did not defend it before the Court. The Court…
Continue ReadingHalkbank Files New Cert Petition
Halkbank, a Turkish state-owned bank accused of violating U.S. sanctions on Iran, filed a petition for certiorari last week seeking a second chance to convince the Supreme Court that it is immune from criminal prosecution in the United States. In its first trip to the Court, back in 2023, Halkbank argued that it was entitled…
Continue ReadingCVSG in Wye Oak v. Republic of Iraq: Is it Time to Resolve the FSIA “Direct Effect” Circuit Split?
On April 28, 2025, the Supreme Court called for the views of the Solicitor General (colloquially a “CVSG”) in Wye Oak Tech., Inc. v. Republic of Iraq. This is the latest chapter in a decades-long attempt by Wye Oak (discussed in a separate blog post) to recover damages for the breach of a contract it…
Continue ReadingDevas 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 ReadingSupreme Court Narrows the FSIA’s Expropriation Exception (Again)
(Editor’s Note: This article also appears in Just Security.) Last Friday, the U.S. Supreme Court decided Republic of Hungary v. Simon. Writing for a unanimous Court, Justice Sonia Sotomayor held that commingling the proceeds of expropriated property with other government funds, which are then used for commercial activity in the United States, is not enough…
Continue ReadingDoe Run Defendants Seek Cert for Foreign Relations Abstention
A pending cert petition in Doe Run Resources v. Reid asks the Supreme Court to dismiss tort claims brought by foreign plaintiffs against a U.S. company, its subsidiaries, and various corporate officers based on foreign relations abstention. The Peruvian plaintiffs allege they were seriously harmed as children by toxic substances, including toxic levels of lead,…
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