Supreme Court: FSIA's Expropriation Exception Applies Only to Sovereign's Taking of Foreigner's Property

The Situation: On July 10, 2018, the D.C. Circuit held that the Foreign Sovereign Immunities Act's ("FSIA") expropriation exception to sovereign immunity extended to a sovereign's taking of its own nationals' property in an act of alleged genocide. Philipp v. Federal Republic of Germany, 894 F.3d 406, 410-14 (D.C. Cir. 2018) (relying on Simon v. Republic of Hungary, 812 F.3d 127 (D.C. Cir. 2016)).The U.S. Supreme Court considered the issue. The Result:On February 3, 2021, the Court ruled...
By: Jones Day

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