Second Circuit - Foreign Sovereign Immunity Act: In re: Terrorist Attacks on Sept. 11, 2001

Daily Record Staff//November 15, 2024//

Listen to this article

United States Court of Appeals for the Second Circuit

Foreign Sovereign Immunity Act — Interlocutory appeals — State-sponsored Terrorism Exception

In re: Terrorist Attacks on Sept. 11, 2001

23-1319(L)

Judges Menashi, Walker, and Merchant

Background: At issue on appeal is a motion to dismiss an appeal by the defendant, Republic of Sudan, pursuant to the Foreign Sovereign Immunities Act state-sponsored terrorism exception. In response, the defendant argues that the Second Circuit has jurisdiction over the appeal pursuant to the collateral-order doctrine, which permits immediate appeals from denials of immunity under the FSIA.

Ruling: The Second Circuit held that that the state-sponsored terrorism exception bars a foreign state from bringing an appeal under the collateral-order doctrine without certification, where the appeal is limited to rulings on FSIA exceptions.

Sean P. Carter, of Cozen O’Connor, for the plaintiffs-appellees-cross-appellants; Christopher M. Curran, of White & Case, for the defendant-appellant-cross-appellee.