Plain-English summary
Court: FSIA’s expropriation exception excludes takings of a state's own nationals
The Court held that the Foreign Sovereign Immunities Act’s (FSIA) expropriation exception does not provide U.S. courts jurisdiction when a foreign government seizes property from its own nationals. The decision vacated and remanded the D.C. Circuit judgment, adopting the domestic takings rule from international law.
Why this matters
The ruling limits when U.S. courts can hear civil claims against foreign governments for seized property. It narrows an avenue for victims (and descendants of victims) of state takings to sue foreign sovereigns in U.S. courts, especially in cases involving a government’s treatment of its own citizens.
Who may feel it
- Victims or heirs seeking to sue foreign governments in U.S. courts over property seizures
- Foreign states sued in U.S. courts for historical takings (including wartime seizures)
- Litigators and scholars working on international takings, sovereign immunity, and restitution claims
- Museums, collectors, and parties involved in disputes over art and cultural property