Opati v. Republic of Sudan

Summarized by:

  • Court: United States Supreme Court
  • Area(s) of Law: Tort Law
  • Date Filed: May 18, 2020
  • Case #: 17–1268
  • Judge(s)/Court Below: GORSUCH, J., delivered the opinion of the Court, in which all other Members joined, except KAVANAUGH, J., who took no part in the consideration or decision of the case.
  • Full Text Opinion

Federal causes of action under section 1605A(c) can seek punitive damages because Congress expressly authorized them when it amended the statute.

On the outskirts of the US Embassies in Kenya and Tanzania, al Qaeda detonated bombs in 1998. Petitioners sued Respondent "under the state-sponsored terrorism exception to the Foreign Sovereign Immunities Act (FSIA)," alleging Sudan assisted al Qaeda with the attacks. Prior to Congress’s later amendment to the FSIA, the Petitioners faced a punitive damages bar on suits under sovereign immunity exceptions. After the amendment took effect, a federal cause of action regarding acts of terror, plus punitive damages, became allowable and retroactive. Subsequently, the Petitioners amended their complaint and the district court entered judgment for the Petitioner and they were awarded monetary damages, including about $4.3 billion for punitive damages. On appeal, the court of appeals held that punitive damages were not allowed because Congress did not include a statement clearly authorizing punitive damages for conduct prior to enactment. The Court held that punitive damages was expressly authorized under §1605A(c) when Congress changed the statute. Because federal claims allow for punitive damages, the Court held that the lower court was mistaken in their reasoning for its decision and must reconsider the issue under state law. VACATED and REMANDED.

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