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Frontera v. SOCAR -- Overruling Its Own Precedent, Second Circuit Concludes That Foreign Governments Are Not Constitutionally Protected by the Due Process Clause by Timothy G. Nelson
Skadden, Arps, Slate, Meagher & Flom LLP - New York Office
Marco E. Schnabl
Skadden, Arps, Slate, Meagher & Flom LLP - New York Office
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October 13, 2009
Previously published on October 2, 2009
In an opinion issued on Monday, September 28, 2009, the United States Court of Appeals for the Second Circuit made a key ruling concerning the constitutional status of foreign governments in litigation before the courts of the United States. Overruling its own 1981 precedent, the Second Circuit held that foreign governments are not entitled to claim "due process" protection under the Fifth and Fourteenth Amendments to the United States Constitution, and therefore are able to be sued in the United States to the extent permitted by the Foreign Sovereign Immunities Act of 1976 (FSIA), regardless of whether those governments possess "minimum contacts" with a United States jurisdiction.
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