Opati v. Republic of Sudan
Issues
Can the Foreign Sovereign Immunities Act apply retroactively so that plaintiffs can seek punitive damages against a foreign state for terrorist activities that were carried out prior to the enactment of the current version of the statute?
This case asks the Supreme Court to decide whether it can retroactively apply portions of the Foreign Sovereign Immunities Act (FSIA) to impose punitive damages on a foreign nation. Monicah Opati seeks to recover punitive damages from the Republic of Sudan for its role in al Qaeda’s 1998 embassy bombings. Opati contends that under Republic of Austria v. Altmann, the Act’s immunity exception for foreign states applies retroactively, thereby reaching the al Qaeda bombings even though they occurred prior to the current statute’s enactment. The Republic of Sudan counters that Altmann does not apply here; and, the FSIA’s plaint text does not allow plaintiffs such as Opati to recover punitive damages retroactively under the Act’s immunity exception for foreign states. This case’s outcome implicates the amount of deference given to political branches and could change the balance between plaintiffs suing under FSIA and defendant foreign states.
Questions as Framed for the Court by the Parties
Whether, consistent with the Supreme Court’s decision in Republic of Austria v. Altmann, the Foreign Sovereign Immunities Act applies retroactively, thereby permitting recovery of punitive damages under 28 U.S. § 1605A(c) against foreign states for terrorist activities occurring prior to the passage of the current version of the statute.
In August 1998, al Qaeda, a terrorist organization, launched bomb attacks outside the United States embassies in Kenya and Tanzania. Owens v. Republic of Sudan at 762. These attacks killed many U.S. citizens who were government employees and contractors. Id.
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Additional Resources
•Greg Stohr, Supreme Court to Consider Reviving $4 Billion Terror Award Against Sudan, Bloomberg (June 28, 2019).