Home -> Law Blog Directory -> Legal Journals Blogs -> Conflict of Laws
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense
Find a Local Lawyer
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402
Legal Journals
: Conflict of LawsThe Supreme Court and Foreign Sovereign Immunity
By Trey Childress
Today, the United States Supreme Court released its decision in Samantar v. Yousef, a case involving whether a top official of Somalia was entitled to assert sovereign immunity for torture and abuse conducted by the government of Somalia on its citizens in the 1980s. The Court held that the Foreign Sovereign Immunities Act does not govern whether former foreign officials living in the United States can claim immunity from lawsuits in U.S. Courts because the text of the Act, and its legislative history, led to the conclusion that the law was not meant to protect individuals. Rather, the Act was limited to states and their agencies or instrumentalities, which, in the Court’s view, did not include natural persons.
While this decision might be read to open United States courts for suits against foreign officials, the Court noted that such officials my enjoy immunity under the common law or “other valid defenses” to be examined by the district court on remand. Such cases will now provide opportunities for the United States government to offer their views on immunity, as did the United States government before the adoption of the Act. As such, the Obama Administration, and future administrations, will be more concretely involved in determining the metes and bounds of official immunity in United States courts.
Related posts:
- State Immunity and Sovereign Debt Developments There is a short note by Katherine Reece Thomas in...
- Sovereign Immunity over French Buildings On November 19, 2008, the French Supreme Court for private...
- Sovereign Immunity of Germany for WWII Actions: France After the recent case of the Italian Corte di Cassazione,...
Full post as published by Conflict of Laws on June 01, 2010 (boomark / email).
Selection of State Supreme Court Judges
How State Court Judges are Selected
California Supreme Court Proposition 8 Decision
Court Rejects Challenges to Proposition 8, but Finds Marriages Valid
Is Barack Obama a Natural Born Citizen?
Wrotnowski v. Bysiewicz (Supreme Court): Does Obama meet the constitutional requirements to be President
Unwed Fathers' Rights in Adoption
Landmark Cases in Adoption Law Shape Law with respect to Unwed Fathers
Dumb Foreign Laws
Stupid Laws of Other Countries
Law Enforcement and Criminal Justice Career Choices
Descriptions of law enforcement occupations
Schwan's Frozen Chicken
Recalled for Foreign Materials
Signal International
allegedly lured foreign workers to US shipyards with false promises of permanent resident status.
Ebay Fined
French Court Sets Fine at $61 Million
Personal Injury
Appeals Court Upholds Congressional Legislation
Tomato Salmonella
Sheetz Convenience Stores agrees to confidential out-of-court settlement with food poisoning victim.
National Association of Realtors
Settlement reached in broker listing antitrust lawsuit, pending court approval.

Bradley & Goldsmith on Foreign Sovereign Immunity & Domestic Officer Suits
U.S. Supreme Ct. Rulings for Tuesday June 1, 2010
Analysis: An elusive immunity issue
Patent Suit Brings Question of Immunity Before Supreme Court
Why the Queen Can Enjoy Her New iPod








