28 USC § 1607 - Counterclaims | Title 28 - Judiciary and Judicial Procedure | U.S. Code

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Current through Pub. L. 112-283. (See Public Laws for the current Congress.)

In any action brought by a foreign state, or in which a foreign state intervenes, in a court of the United States or of a State, the foreign state shall not be accorded immunity with respect to any counterclaim—

(a) for which a foreign state would not be entitled to immunity under section 1605 or 1605A of this chapter had such claim been brought in a separate action against the foreign state; or

(b) arising out of the transaction or occurrence that is the subject matter of the claim of the foreign state; or

(c) to the extent that the counterclaim does not seek relief exceeding in amount or differing in kind from that sought by the foreign state.

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In any action brought by a foreign state, or in which a foreign state intervenes, in a court of the United States or of a State, the foreign state shall not be accorded immunity with respect to any counterclaim—

(a) for which a foreign state would not be entitled to immunity under section 1605 or 1605A of this chapter had such claim been brought in a separate action against the foreign state; or

(b) arising out of the transaction or occurrence that is the subject matter of the claim of the foreign state; or

(c) to the extent that the counterclaim does not seek relief exceeding in amount or differing in kind from that sought by the foreign state.

Source

(Added Pub. L. 94–583, § 4(a),Oct. 21, 1976, 90 Stat. 2894; amended Pub. L. 110–181, div. A, title X, § 1083(b)(2),Jan. 28, 2008, 122 Stat. 341.)

Amendments

2008—Subsec. (a). Pub. L. 110–181inserted “or 1605A” after “section 1605”.

Effective Date of 2008 Amendment

For applicability of amendments by Pub. L. 110–181to pending cases, see section 1083(c) ofPub. L. 110–181, set out as an Effective Date note under section 1605A of this title.

The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.

The most recent Classification Table update that we have noticed was Wednesday, February 6, 2013

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28 USC	Description of Change	Session Year	Public Law	Statutes at Large

28 USC § 1607 - Counterclaims

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