Suing Sudan: Weekly Brief for May 18

Pop quiz: Can U.S. citizens sue other countries in U.S. courts? Answer: Yes. There are a few exceptions to the Foreign Sovereign Immunities Act, which otherwise shields foreign countries from suits in state or federal court. Next question: Which of these exceptions did Congress create in 1996? Answer: The terrorism exception. U.S. citizens who are victims of terrorist attacks can sue a foreign state that (1) participated in or assisted the perpetrators of the attack and (2) has been designated a state-sponsor of terrorism by the U.S. State Department. Third question: Can a plaintiff suing under the terrorism exception seek punitive damages against the foreign country? Answer: Yes. Congress in 2008 listed punitive damages as a possible award for such plaintiffs. Final question: Can plaintiffs who brought a terrorism suit before 2008 still seek punitive damages? In other words, did Congress intend the punitive-damages provision to apply retroactively? Well, this was the very question the Supreme Court answered this week in Opati v. Republic of Sudan. Read on to find out.

Read More »

The Taxes Are Back in Town: Weekly Brief for May 11

President Trump’s tax returns? Check. “Faithless” members of the Electoral College? Yep. Whether half of Oklahoma is actually Native American land? Check that one too. And the Establishment Clause’s “ministerial” exception? You got it. The Supreme Court heard oral arguments this week on all of these issues, rounding out what was perhaps the biggest argument week of the term (and also the Court’s last). Given the stature of these cases, you’d be forgiven if you didn’t notice the Court also released one decision this week (it was pretty innocuous). Here’s a recap of the action at our nation’s highest court this past week.

Read More »

An Earth Day Extravaganza: Weekly Brief for April 20

Earth Day was Wednesday, April 22. So it was only fitting that the Supreme Court decided its first environmental law cases of the term—two of them, in fact. One dealt with the process for cleaning up “Superfund” sites, and the other with point source pollution permits under the Clean Water Act. But the Court didn’t stop there; four more decisions were handed down: a landmark Sixth Amendment case, for which I wrote an in-depth analysis here; a complex immigration law case, for which you might need multiple cups of coffee and an abacus; and two intellectual property law cases, which, with all due respect, might be best read if you’re trying to fall asleep. Here’s your recap for the week of April 20.

Read More »