Page 39

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31

28 U.S.C. § 1605.

32

eliminate a foreign state’s immunity for traffic accidents

33

and other torts committed in the United States, for which

34

liability is imposed under domestic tort law.”

35

Republic v. Amerada Hess Shipping Corp., 488 U.S. 428, 439-

(a) A foreign state shall not be immune from the jurisdiction of courts of the United States or of the States in any case-. . . (5) not otherwise encompassed in paragraph (2) above,[12] in which money damages are sought against a foreign state for personal injury or death, or damage to or loss of property, occurring in the United States and caused by the tortious act or omission of that foreign state or of any official or employee of that foreign state while acting within the scope of his office or employment; except this paragraph shall not apply to-(A) any claim based upon the exercise or performance or the failure to exercise or perform a discretionary function regardless of whether the discretion be abused, or (B) any claim arising out of malicious prosecution, abuse of process, libel, slander, misrepresentation, deceit, or interference with contract rights. Congress enacted the Torts Exception “to

12

Argentine

Paragraph (2) is the Commercial Activities Exception. See Section V, infra. 39

In Re Terrorist Attacks  

United States Court of Appeals for the Second Circuit: In Re Terrorist Attacks

In Re Terrorist Attacks  

United States Court of Appeals for the Second Circuit: In Re Terrorist Attacks

Advertisement