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Recent Development: The D.C. Circuit’s Latest FSIA Decision
The D.C. Circuit’s decision last week in Bell Helicopter Textron, Inc.v. Islamic Republic of Iran, — F.3 —, 2013 WL 5853916 (D.C. Cir. Nov. 1, 2013), raises several issues of interest under the FSIA....
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An Unprofitable Test Under the FSIA’s Commercial Activity Exception
The relevance of profit motive under the FSIA’s commercial activity exception is the subject of continued confusion. The Second Circuit claims that the Seventh Circuit mischaracterizes its “profit”...
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Recent Development: TJGEM LLC v. Republic of Ghana
In the recent case of TJGEM LLC v. Republic of Ghana, — F. Supp. 2d —, CV 13-382 (BAH), 2013 WL 6857988 (D.D.C. Dec. 31, 2013), District Judge Beryl Howell applied three important rules that are often...
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With Regard to the Commercial Activity Exception, OBB v. Sachs is an Easy Call
The commercial activity portion of OBB v. Sachs should be easy for the Supreme Court to resolve – as long as the Court follows its own precedent. With respect to the commercial activity exception, OBB...
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OBB v. Sachs: A Smart Result
Over two months ago, I argued that OBB v. Sachs was “an easy call” with regard to the commercial activity exception. I contended that the case was controlled by Saudi Arabia v. Nelson, 507 U.S. 349...
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