Justia International Law Opinion Summaries

Several Iraqi citizens detained at Abu Ghraib prison during the U.S. occupation of Iraq alleged that, between October and December 2003, they were subjected to severe abuse by military police. The plaintiffs claimed that employees of CACI Premier Technology, Inc., a contractor providing interrogation services to the U.S. military, conspired with military personnel to “soften up” detainees for interrogation, resulting in torture and cruel, inhuman, and degrading treatment (CIDT). While CACI’s contract required its personnel to operate under military supervision, evidence suggested inadequate oversight and that CACI employees directed some of the abusive tactics. Plaintiffs did not allege direct physical abuse by CACI interrogators, but asserted conspiracy liability.The case was initially filed in the United States District Court for the Eastern District of Virginia, advancing claims under both the Alien Tort Statute (ATS) and state law. Over time, the plaintiffs narrowed their suit to ATS claims for torture, CIDT, and war crimes, proceeding on conspiracy and aiding-and-abetting theories. The district court dismissed some claims and parties, and after two trials—one ending in mistrial—the jury found CACI liable for conspiracy to commit torture and CIDT, awarding significant compensatory and punitive damages.On appeal, the United States Court of Appeals for the Fourth Circuit reviewed multiple legal challenges by CACI, including justiciability, immunity, preemption, and the state secrets privilege. The court held that application of the ATS was proper because the conduct at issue occurred within U.S.-controlled territory (Abu Ghraib during the CPA regime), was actionable under universal jurisdiction principles, and enough domestic conduct was involved. The court found that conspiracy liability and corporate liability are recognized under the ATS, and rejected CACI’s defenses and challenges regarding sovereign immunity, political question doctrine, preemption, and evidentiary rulings. The Fourth Circuit affirmed the judgment against CACI, vacated the district court’s judgment in favor of the United States on third-party claims due to sovereign immunity, and remanded with instructions to dismiss those claims. View "Al Shimari v. CACI Premier Technology, Inc." on Justia Law

A group of bondholders sought to recover principal payments owed on defaulted Argentine sovereign bonds. These investors had previously participated in Argentina’s Tax Credit Program, depositing their bonds with an Argentine trustee, Caja de Valores S.A., in exchange for certificates representing principal and interest. After the Republic failed to pay the principal at maturity, the bondholders initially sued in the United States District Court for the Southern District of New York. That court dismissed the case primarily on the ground that, under Argentine law, only the trustee had authority to sue on the bonds, and the Second Circuit affirmed. The bondholders then obtained authorization from an Argentine court to sue and filed a new complaint in New York.The district court again dismissed their claims, mainly for two reasons. First, it found all claims were barred by New York’s six-year statute of limitations for contract actions, holding that the state’s “savings statute” (N.Y. C.P.L.R. § 205(a)) did not apply because the prior dismissal was for lack of personal jurisdiction. It also concluded that tolling provisions in New York’s COVID-era executive orders did not apply absent an equitable showing. Second, the court held that collateral estoppel barred the bondholders from relitigating issues related to standing and jurisdiction previously decided.The United States Court of Appeals for the Second Circuit reviewed the case. It agreed that the savings statute did not apply but held that the COVID-era executive orders tolled the limitations period automatically, without any equitable showing. This made some claims timely (those on the AR16 Bonds) but not others (those on the GD65 Bonds). The Second Circuit further ruled that collateral estoppel did not preclude the bondholders from litigating whether they had authority to sue, and that—under Argentine law, with the new court authorization—they now had such authority. The judgment was affirmed in part, vacated in part, and remanded for further proceedings. View "Bugliotti v. The Republic of Argentina" on Justia Law

The plaintiff, a company seeking a refund of customs duties (drawback) on imported petroleum derivatives, filed a drawback claim with U.S. Customs on March 10, 2020, identifying forty-eight import entries and seeking over $1.3 million. Customs did not liquidate the claim within one year, but on April 30, 2021, it liquidated the claim at zero, determining the plaintiff was not entitled to any drawback. The company's appeal did not challenge the merits of this determination but argued that, by operation of law, its claim should have been automatically (“deemed”) liquidated at the amount it initially asserted, because Customs did not act within one year. The critical factual issue was that, while all underlying import entries had been liquidated by March 10, 2021, not all had become final, as finality requires an additional 180-day period after liquidation.The United States Court of International Trade reviewed the case, focusing on the statutory provisions governing when drawback claims are deemed liquidated under 19 U.S.C. § 1504. The court concluded that because the relevant import entries had not yet become final within one year of the drawback claim’s filing, the “deemed liquidation” provision of § 1504(a)(2)(A) did not apply. Instead, the alternative procedures of § 1504(a)(2)(B) governed, which require additional steps by the claimant that were not taken. The court denied the plaintiff's motion for summary judgment and granted summary judgment for the government.On appeal, the United States Court of Appeals for the Federal Circuit affirmed the lower court’s decision. The appellate court held that when the conditions of § 1504(a)(2)(B) are present—specifically, when underlying import entries are not yet final—automatic deemed liquidation under § 1504(a)(2)(A) does not apply. Customs’ action in liquidating the claim at zero was therefore lawful, and the lower court’s judgment was affirmed. View "PERFORMANCE ADDITIVES, LLC v. US " on Justia Law

President Trump, after taking office, declared national emergencies over two foreign threats: the influx of illegal drugs from Canada, Mexico, and China, and persistent trade deficits affecting U.S. manufacturing and supply chains. Invoking authority under the International Emergency Economic Powers Act (IEEPA), he imposed tariffs—25% on most Canadian and Mexican imports, 10% on most Chinese imports for drug trafficking, and at least 10% on all imports for trade deficit concerns, with higher rates for dozens of nations and frequent modifications.Two sets of plaintiffs challenged these tariffs. In the United States District Court for the District of Columbia, Learning Resources plaintiffs won a preliminary injunction, as the court found IEEPA did not authorize the President to impose tariffs. The Government's motion to transfer to the United States Court of International Trade (CIT) was denied. In V.O.S. Selections, plaintiffs prevailed in the CIT, which granted summary judgment. The United States Court of Appeals for the Federal Circuit, sitting en banc, affirmed, holding that IEEPA’s authority to “regulate… importation” did not authorize such tariffs, as their scope, amount, and duration were unbounded.The Supreme Court of the United States reviewed the consolidated appeals. It held that IEEPA does not grant the President authority to impose tariffs, reasoning that the statute’s language—particularly “regulate… importation”—does not include the distinct power to tax or raise revenue through tariffs, a core congressional function. The Court emphasized the absence of explicit authorization and the constitutional structure reserving tariff powers to Congress. The Court affirmed the Federal Circuit’s judgment in the V.O.S. Selections case and vacated the District Court’s judgment in Learning Resources, remanding with instructions to dismiss for lack of jurisdiction. View "Learning Resources, Inc. v. Trump" on Justia Law

SBK ART LLC, a special purpose vehicle formerly owned by Sberbank and holding a substantial interest in a Croatian company called Fortenova Grupa, became subject to international sanctions after Russia’s invasion of Ukraine. Following Sberbank’s sale of SBK to an Emirati investor, Fortenova continued to treat SBK as a sanctioned entity, citing uncertainty about the change of control. Akin Gump Strauss Hauer & Feld LLP, acting as Fortenova’s counsel, issued a memorandum (the “Akin Opinion”) questioning the legitimacy of the sale and compliance with EU sanctions. This opinion was allegedly shared with the EU Council, which imposed sanctions on SBK. Subsequently, SBK was excluded from corporate governance decisions and lost its interest in Fortenova, prompting SBK to initiate litigation in the General Court of the European Union and the Civil Court of Malta, and to contemplate further proceedings in the Netherlands.The United States District Court for the Southern District of New York, after referral to a Magistrate Judge, granted SBK’s petition under 28 U.S.C. §1782 for discovery from Akin, but limited it to non-privileged materials relating to the sale, the Akin Opinion, and governance changes, within a defined timeframe. The District Judge adopted the Magistrate Judge’s report and recommendations, overruling Akin’s objections, particularly those based on the Second Circuit’s prior decision in Kiobel by Samkalden v. Cravath, Swaine & Moore LLP.The United States Court of Appeals for the Second Circuit reviewed whether the District Court abused its discretion by granting discovery from Akin even though the documents sought were not discoverable from Akin’s client in the relevant foreign jurisdictions. The Second Circuit held that Section 1782 does not impose a foreign-discoverability requirement, distinguishing Kiobel and affirming the District Court’s order. Any objections regarding privilege or undue burden must be resolved under ordinary discovery rules. The District Court’s order was affirmed. View "In Re: Ex Parte Application of SBK ART LLC" on Justia Law

The dispute centers on whether imported plastic shelf dividers containing magnets are subject to U.S. antidumping and countervailing duty orders covering raw flexible magnets from China. Fasteners for Retail, Inc. imports shelf dividers composed of flexible magnets bonded to rigid plastic, which makes the magnets inflexible. The United States Department of Commerce had previously issued duty orders with scope language covering certain flexible magnets, regardless of shape, color, or packaging. Fasteners for Retail requested a scope ruling from Commerce to clarify whether their shelf dividers fell within the scope of these orders.Commerce issued a final scope ruling, finding that although the plain language of the duty orders might appear to include Siffron’s shelf dividers, prior scope rulings and interpretative sources (known as (k)(1) sources) provided further guidance. Based on these sources, Commerce determined that magnets rendered inflexible by attachment to other materials, such as plastic, are not included within the term “flexible magnets” under the duty orders. The United States Court of International Trade reviewed Commerce’s ruling and upheld it, finding Commerce’s determination reasonable and supported by substantial evidence.The United States Court of Appeals for the Federal Circuit reviewed the case de novo, applying the same standard as the Trade Court. The court held that Commerce has discretion under the current regulations to consult (k)(1) sources in interpreting scope language regardless of apparent ambiguity. The court concluded that Commerce’s determination that Siffron’s shelf dividers are not “flexible magnets” under the duty orders was supported by substantial evidence and in accordance with law. Therefore, the Federal Circuit affirmed the judgment of the Court of International Trade, sustaining Commerce’s scope ruling that the shelf dividers are not subject to the duty orders. View "MAGNUM MAGNETICS CORP. v. US " on Justia Law

In 2014, Russia invaded and subsequently asserted control over Crimea, an area internationally recognized as part of Ukraine. Ukrainian businesses operating in Crimea—including an electricity distributor and a group of petrol station owners—had their assets seized and operations transferred to Russian-controlled entities without compensation. These businesses, having made investments under Ukrainian law and while the 1998 Agreement Between the Government of the Russian Federation and the Cabinet of Ministers of Ukraine on the Encouragement and Mutual Protection of Investments (“Investment Treaty”) was in effect, pursued arbitration against Russia for expropriation and treaty violations.The Ukrainian companies initiated separate arbitrations under the Investment Treaty’s arbitration clause. The arbitral tribunals found Russia liable for breaches and awarded significant damages to the companies. Russia challenged the arbitral jurisdiction and the awards in foreign courts, but those efforts were unsuccessful. The companies then filed petitions in the United States District Court for the District of Columbia to enforce the awards under the New York Convention and the Federal Arbitration Act. Russia moved to dismiss, arguing the courts lacked subject-matter and personal jurisdiction under the Foreign Sovereign Immunities Act (FSIA). The District Court rejected Russia’s arguments, finding jurisdiction appropriate under the FSIA’s arbitration exception and personal jurisdiction proper upon valid service.On appeal, the United States Court of Appeals for the District of Columbia Circuit reviewed whether the District Court correctly exercised jurisdiction. The appellate court held that the FSIA’s arbitration exception applied because the companies established the existence of an arbitration agreement, a qualifying arbitral award, and a treaty potentially governing enforcement. The court further held that foreign states are not entitled to the Fifth Amendment’s due process protections against personal jurisdiction. The judgments of the District Court were affirmed. View "Stabil LLC v. Russian Federation" on Justia Law

A Jordanian business entity entered into an agreement with the Republic of Iraq in 1995 to settle Iraq’s unpaid debt for delivered goods by providing specified quantities of sulfur and urea, valued at $53 million. The agreement contemplated delivery at the Iraq-Jordan border, and although the supplier anticipated reselling these materials in the United States, this downstream transaction was not included in the written agreement. Iraq did not fulfill its obligations under the agreement, leading the supplier to pursue payment through interactions with Iraqi officials, who orally acknowledged the debt and suggested legal action might facilitate payment.After Iraq failed to deliver the goods, the supplier obtained a judgment in its favor from a Jordanian court in 2015 for the full amount. The Jordanian Court of Cassation affirmed the judgment. However, when the supplier sought to enforce the judgment in Jordan, the Jordanian Court of Appeal held that Iraq had not waived its sovereign immunity in the enforcement proceeding, preventing collection. Iraq has not satisfied any part of the judgment.The supplier then initiated an action in the United States District Court for the District of Columbia, seeking recognition of the Jordanian judgment. Iraq moved to dismiss, invoking sovereign immunity under the Foreign Sovereign Immunities Act (FSIA). The district court found that no FSIA exception applied and dismissed the case for lack of subject matter jurisdiction. The United States Court of Appeals for the District of Columbia Circuit affirmed, holding that Iraq had not made an explicit waiver of immunity and that Iraq’s conduct did not cause a direct effect in the United States as required by the FSIA’s commercial activity exception. Thus, the supplier’s claim is barred by Iraq’s sovereign immunity. View "Mohammad Hilmi Nassif & Partners v. Republic of Iraq" on Justia Law

In this case, the central issue arose during a countervailing duty investigation into phosphate fertilizers imported from Morocco and Russia. The International Trade Commission (Commission) collected information through questionnaires sent to various parties, including domestic and foreign producers. The Commission’s longstanding practice was to automatically designate all questionnaire responses as confidential, regardless of whether the submitting party requested confidentiality or whether the information would qualify for such treatment under the relevant statute. This led to heavy redactions in the administrative record when the investigation was challenged in court.A Moroccan producer, OCP S.A., sought review of the Commission’s injury determination in the United States Court of International Trade (CIT). The CIT initially remanded the injury determination due to insufficient evidentiary support. When the remand record again included substantial redactions, the CIT held a hearing to scrutinize the Commission’s confidentiality designations. After reviewing arguments from the Commission and affected parties, the CIT concluded that the Commission’s practice of automatically treating all questionnaire responses as confidential was unauthorized by law. The CIT found that much of the redacted information was either publicly available, generalized, or outdated, and thus not entitled to confidential treatment, with only a small portion warranting protection.The United States Court of Appeals for the Federal Circuit reviewed the CIT’s Confidentiality Opinion and Order. The Federal Circuit held that the governing statute does not abrogate the common law right of public access to judicial records and that the Commission’s blanket confidentiality rule conflicts with statutory requirements, which demand public disclosure of non-confidential information and proper justification for confidentiality. The Federal Circuit affirmed the CIT’s order that required the Commission to comply with statutory standards for confidentiality and to cease automatic confidential designation of questionnaire responses. View "In re United States" on Justia Law

In a dispute concerning antidumping and countervailing duties on mattresses imported from several countries, the U.S. International Trade Commission determined that domestic industry suffered material injury from imports sold at less than fair value and from subsidized imports. The Commission treated certain information submitted in response to its questionnaires as confidential. After the Court of International Trade issued a public opinion sustaining the Commission’s injury determination, it did not redact information the Commission had deemed confidential. The Commission requested retraction of the public opinion and sought redactions for specific company names and numerical data, arguing these deserved confidential treatment.The parties jointly moved for redaction, relying on the Commission’s practice of treating questionnaire data as confidential and citing statutory provisions. The Court of International Trade denied the motion, reasoning that the information was either publicly available or not linked to specific entities, and that some claims of confidentiality had been waived due to procedural oversight. The court also emphasized the common law right of access and transparency, but did not specifically address the statutory authority for disclosure.On appeal, the United States Court of Appeals for the Federal Circuit reviewed the denial of the joint motion. The court found the case moot because the allegedly confidential information had already been publicly disclosed more than two years earlier, rendering any relief unavailable. The Federal Circuit held that the “capable of repetition, yet evading review” exception to mootness did not apply, as the companion case decided that day resolved the same confidentiality issues. Therefore, the appeal was dismissed, and no costs were awarded. View "In re United States" on Justia Law