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June 2025 saw opinions from the Fifth Circuit Court of Appeals addressing issues including the authority of a court to dismiss a case that had been stayed pending an arbitration and the sequence of decision-making when a...more
On June 5, 2025, the U.S. Supreme Court unanimously reversed a Ninth Circuit Court of Appeals decision requiring a plaintiff seeking to confirm an arbitration award against a foreign state to prove minimum contacts with the...more
On June 5, 2025, the U.S. Supreme Court in CC/Devas (Mauritius) Ltd., et al. v. Antrix Corp., et al., No. 23-1201 held that personal jurisdiction exists over a foreign entity under the Foreign Sovereign Immunities Act (FSIA)...more
On June 5, 2025, in a unanimous decision authored by Justice Alito, the United States Supreme Court held that the Foreign Sovereign Immunities Act of 1976 (FSIA), 28 U.S.C. §§1330, 1602 et seq., does not require a plaintiff...more
On June 5, 2025, the Supreme Court issued its unanimous opinion in CC/Devas (Mauritius) Ltd. et al. v. Antrix Corp. Ltd. et al. (605 U.S. ___ (2025)), holding that personal jurisdiction exists over an enforcement action...more
On February 21, 2025, the US Supreme Court issued a unanimous decision in Republic of Hungary v. Simon, further narrowing the scope of the Foreign Sovereign Immunities Act's exception to sovereign immunity for expropriation...more
The Supreme Court of the United States issued three decisions today: Wisconsin Bell, Inc. v. United States, ex rel. Heath, No. 23-1127: This case considers whether reimbursement requests submitted to the Federal...more
A significant number of states prohibit or restrict the arbitration of disputes between an insurer and its policyholder and/or preclude the inclusion of arbitral provisions in insurance policies.The McCarran-Ferguson Act...more
Today, the Supreme Court of the United States issued the following three decisions: Federal Republic of Germany v. Philipp, No. 19-351: In this Foreign Sovereign Immunities Act (“FSIA”) case, the respondents - heirs of...more
A recent Supreme Court decision sets important precedent on the retroactive effect of legislation amending the law governing sovereign immunity in the United States. On May 18, 2020, the Supreme Court handed a victory to...more
The Supreme Court in Opati v. Republic of Sudan, No. 17–1268, 590 U.S. ___ (2020), has held that the Foreign Sovereign Immunities Act ("FSIA") allows certain plaintiffs to recover punitive damages from state sponsors of...more
On May 18, 2020, the U.S. Supreme Court decided Opati v. Republic of Sudan, holding that plaintiffs who sue a foreign government under the state-sponsored-terrorism exception to the Foreign Sovereign Immunities Act can seek...more
Opati v. Republic of Sudan, No. 17-1268: Victims of a 1998 al Qaeda attack outside the United States Embassies in Kenya and Tanzania brought suit in federal court against the Republic of Sudan, alleging that Sudan had...more
No longer entitled to near absolute immunity, MDBs may be prompted to modify their charters, lending practices, and accountability mechanisms. Key Points: ..The Supreme Court reversed the D.C. Circuit’s ruling, holding...more
On March 26, 2019, the U.S. Supreme Court decided Republic of Sudan v. Harrison et al., No. 16-1094, holding that the Foreign Sovereign Immunities Act of 1976 (FSIA) requires a mailing to be sent directly to the foreign...more
On February 27, 2019, the Supreme Court held in Jam v. International Finance Corporation that international organizations may be subject to suit for their commercial activities. In order to appreciate the significance of this...more
On 27 February 2019, the Supreme Court of the United States (SCOTUS) held that International Organisations do not have absolute immunity under the International Organizations Immunities Act of 1945 (IOIA). This blog discusses...more
In the global economy, companies increasingly interact with “international organizations,” or institutions created by treaty or other intergovernmental agreement. These include organizations that engage in economic and...more
On February 27, the U.S. Supreme Court reversed a ruling of the U.S. Court of Appeals for the District of Columbia Circuit and held that international organizations, such as the World Bank, while being protected by the...more
On February 27, 2019, the Supreme Court of the United States decided Jam v. International Finance Corp., No. 17-1011, holding that the International Organizations Immunities Act of 1945 grants international organizations the...more
On June 19, 2107 the U.S. Supreme Court decided Rubin v. Islamic Republic of Iran, holding that the Foreign Sovereign Immunities Act allows some but not all of the property of a state sponsor of terrorism to be attached to...more
On January 12, 2018, the United States Supreme Court granted certiorari in Animal Science Products v. Hebei Welcome Pharmaceutical Co. (In re Vitamin C Antitrust Litigation), No. 16-1220. The issue before the Supreme Court is...more