Summary of Part VI

• Author: Ernesto Sanchez
• Pages: 347-349

347

SU MM A R Y O F PART V I

(1) In general, as to any claim for relief with respect to which a defendant qualifying as a

“foreign state” under the FSIA is not entitled to jurisdictional immunity, the defendant

shall be liable in the same manner and to the same extent as a private individual under

like circumstances.

(2) e FSIA also creates a private right of action encompassing acts and defendants covered

by the state-sponsored terrorism exception to jurisdictional immunity.

(3) U.S. courts can treat nonimmune defendants in FSIA actions “in the same manner and to

the same extent as a private individual under like circumstances” with respect to discovery

surrounding the merits of a case.

(4) A claimant must establish its claim or right to relief by evidence satisfactor y to the court

to obtain a default judgment under the FSIA, while a copy of a default judgment against

a foreign state or a political subdivision thereof shall be sent to the foreign state or politi-

cal subdivision thereof as prescribed by the statute’s guidelines for service of process.

(5) e Federal Rules of Civil Procedure prescribe circumstances for setting aside entries of

default and default judgments.

(6) A foreign state or political subdivision thereof shall not be liable for punitive damages,

except in actions under the FSIA’s state-sponsored terrorism exception. A foreign state

or its subdivision can be held liable in such actions for not only punitive damages, but

also for economic damages, solatium, pain and suering, vicarious liability for the acts of

ocials, employees, or agents, reasonably foreseeable property loss, whether insured or

uninsured, third-party liability, and loss claims under life and property insurance policies.

Otherwise, if, in any case where death was caused, the law of the place where the action

or omission occurred provides, or has been construed to provide, for damages only puni-

tive in nature, a foreign state or political subdivision thereof shall only be liable for actual

or compensatory damages measured by the pecuniary injuries resulting from such death

which were incurred by the person for whose benet the action was brought.

(7) Dur ing the merits stage of a case, a defendant also has the option of seeking dismissal for

failure to state a claim upon which relief can be granted (i.e., Federal Rule of Civil Pro-

cedure 12(b)(6)) pursuant to the act of state doctrine. e doctrine precludes U.S. courts

from inquiring into the validity of public acts a recognized foreign sovereign power com-

mitted within its own territory and applies when the outcome of the case turns upon the

eect of ocial action by the sovereign. e extent of exceptions to the doctrine, however,

remains unclear.

(8) Trial of an FSIA action shall take place without a jury.

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