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Foreign Sovereign Immunities Act of 1976 (FSIA) International Litigation

Mayer Brown

US Supreme Court Rejects "Minimum Contacts" Requirement Under Foreign Sovereign Immunities Act in Action to Enforce an Arbitration...

Mayer Brown on

In a unanimous decision on June 5, 2025, the Supreme Court of the United States overturned a Ninth Circuit decision declining to enforce a US$ 1.3 billion arbitral award issued to Devas Multimedia Private Ltd. ("Devas"), an...more

DLA Piper

Second Circuit Addresses Interplay Between Foreign Official Immunity and the FSIA

DLA Piper on

In Samantar v. Yousuf, the US Supreme Court held that foreign officials, when sued in their individual capacity, are subject to immunity under a similar, but different set of rules that govern lawsuits against foreign states....more

Foley Hoag LLP

Supreme Court to Interpret Key Language in the Foreign Sovereign Immunities Act’s Expropriation Exception and Consider the...

Foley Hoag LLP on

Since 2010, Simon v. Republic of Hungary has ascended and descended the judicial ladder as federal courts have considered how to interpret and apply the “expropriation exception” of the Foreign Sovereign Immunities Act...more

Foley Hoag LLP

D.C. Circuit Looks to Contract Terms to Determine Whether Breach Outside the United States Has “Direct Effect” Inside the United...

Foley Hoag LLP on

On July 16, 2024, the U.S. Court of Appeals for the D.C. Circuit dismissed the case Wye Oak Technology, Inc. v. Republic of Iraq and Ministry of Defense of the Republic of Iraq, for lack of subject matter jurisdiction because...more

Fox Rothschild LLP

U.S. Supreme Court to Decide Whether Holocaust Survivors’ Lawsuit Against Hungary in the United States for Expropriation of Their...

Fox Rothschild LLP on

After it became clear that they would lose World War II, Nazi Germany and Hungary raced to complete their eradication of the Jews before the Axis surrendered. The Axis powers wiped out more than two-thirds of Hungary’s...more

Sullivan & Worcester

Art Dealer and Holocaust Claimant Asks Supreme Court to Hear Dispute Over Poland’s Vendetta Against Him

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We were privileged to file today a petition for certiorari with the Supreme Court of the United States on behalf of our client, art dealer Alexander Khochinsky. The petition asks the Court for reinstatement of a lawsuit...more

Jones Day

D.C. Circuit Holds International Finance Corporation Immune From Suit in Lender Liability Action

Jones Day on

On July 6, 2021, the D.C. Circuit decided Jam et al. v. International Finance Corp., holding that lending decisions made by International Finance Corporation ("IFC") in the United States when it financed construction of a...more

Sullivan & Worcester

“Moralistic Preening” and Broken Commitments Under the Washington Principles—Ninth Circuit Chastises Spain for Keeping Nazi-looted...

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The U.S. Court of Appeals for the Ninth Circuit yesterday affirmed the 2019 judgment that allowed the Thyssen-Bornemisza Collection Museum in Madrid to retain Camille Pissarro’s Rue St. Honoré, après-midi, effet de pluie (Rue...more

Sullivan & Worcester

U.S. Supreme Court Will Hear Germany’s Appeal to Keep the Guelph Treasure, Taken by Nazi Agents in 1935

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(WASHINGTON-July 2, 2020) The United States Supreme Court today agreed to hear the appeal by Germany and the Stiftung Preussischer Kulturbesitz (SPK) seeking to dismiss the restitution claim by the heirs to the so-called...more

Sullivan & Worcester

Guelph Treasure Heirs Respond to U.S. Brief that Argued Nazi Art Theft Was a Domestic Affair

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On behalf of my clients seeking restitution of the Guelph Treasure, or Welfenschatz, we filed today our supplemental brief with the U.S. Supreme Court in response to the Brief of the United States as Amicus Curiae that the...more

Sullivan & Worcester

U.S. Solicitor General’s Office Advocates Broad Impunity for Nazi Art Thefts

Sullivan & Worcester on

Late Tuesday evening—the day after Memorial Day no less—the United States Office of the Solicitor General filed a brief amicus curiae in our clients’ pending case against the Federal Republic of Germany and the Stiftung...more

Sullivan & Worcester

France Rejects Poland’s Bad Faith Efforts to Extradite Art Dealer Alexander Khochinsky

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My client Alexander Khochinsky is safely back in the United States after an eight-month ordeal spurred by Poland’s retaliation for his assertion of restitution for his mother’s property lost in Poland during the Holocaust....more

Sullivan & Worcester

Guelph Treasure Claims to Go Forward

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The U.S. Court of Appeals for the D.C. Circuit today dismissed the petition to rehear en banc last year’s landmark ruling that the heirs of the art dealers who sold the Guelph Treasure (or Welfenschatz) may pursue their...more

Sullivan & Worcester

Thyssen-Bornemisza Prevails Over Cassirer Heirs' Claim to Pissarro Taken by Nazis Despite Acts “Inconsistent with the Washington...

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One of the longest-running court cases in the United States about art looted by the Nazis has been decided in favor of the current possessor, the Thyssen-Bornemisza Museum in Madrid, an instrumentality of the Kingdom of...more

Latham & Watkins LLP

Will Jam v. IFC Increase Multilateral Development Banks’ US Legal Exposure?

Latham & Watkins LLP on

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

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Republic of Sudan v. Harrison et al.

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

Cozen O'Connor

The Supreme Court Finds International Organizations Are Entitled to Limited Immunity

Cozen O'Connor on

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

Hogan Lovells

Budha Ismail Jam, et al, Petitioners v. International Finance Corporation

Hogan Lovells on

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

Skadden, Arps, Slate, Meagher & Flom LLP

US Supreme Court Construes Scope of Immunities in Jam

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

Pillsbury - Gravel2Gavel Construction & Real...

SCOTUS Explains Interplay Between IOIA and FSIA in Litigation Against International Organizations

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

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Jam v. International Finance Corp.

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

Skadden, Arps, Slate, Meagher & Flom LLP

The Supreme Court’s Business Docket for the October 2018 Term

On September 26, 2018, Skadden hosted a webinar titled “US Supreme Court October 2018 Term.” Topics included some of the key business-related cases on the Supreme Court’s docket, including cases addressing antitrust, foreign...more

Sullivan & Worcester

Norton Simon Museum Wins Appeal Over Nazi-Looted Cranach Paintings

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The U.S. Court of Appeals for the Ninth Circuit has upheld the judgment against Marei von Saher on her claims against the Norton Simon Museum in Pasadena to recover Adam and Eve by Lucas Cranach the Elder. The Cranachs...more

Sullivan & Worcester

Court of Appeals Upholds Claims to Renowned Guelph Treasure Sold Under Duress to Nazi Agents

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(WASHINGTON-July 10, 2018) The U.S. Court of Appeals for the D.C. Circuit has affirmed the right of the heirs to the so-called Guelph Treasure (known in German as the Welfenschatz) to seek restitution in U.S. courts for the...more

Skadden, Arps, Slate, Meagher & Flom LLP

US Supreme Court To Consider Degree of Deference Courts Should Give Foreign Countries' Interpretation of Their Laws

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

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