110
414 FEDERAL SUPPLEMENT, 3d SERIES
court in order to obtain default judgment
provides foreign sovereigns a special protection before a court reaches default judgment. 28 U.S.C.A. § 1608(e).
6. International Law O518
Neither the federal civil procedural
rule governing default judgments against
the United States government nor the parallel requirement for default judgment under the Foreign Sovereign Immunities Act
(FSIA) relieves the sovereign from the
duty to defend cases.
28 U.S.C.A.
§ 1608(e); Fed. R. Civ. P. 55(d).
7. International Law O518
Uncontroverted factual allegations
that are supported by admissible evidence
are taken as true in determining whether a
plaintiff establishes his claim or right to
relief by evidence satisfactory to the court
in order to obtain default judgment against
a foreign sovereign under the Foreign Sovereign Immunities Act (FSIA) or against
the United States government.
28
U.S.C.A. § 1608(e); Fed. R. Civ. P. 55(d).
8. International Law O518
Default judgments under the Foreign
Sovereign Immunities Act (FSIA), which
require a plaintiff to establish his claim or
right to relief by evidence satisfactory to
the court, may rely on the plaintiffs’ affidavits and declarations and on public record
evidence because so long as the evidence
itself is admissible, the uncontroverted evidence’s form or type is irrelevant as to
whether the plaintiffs have satisfied their
burden of production.
28 U.S.C.A.
§ 1608(e).
10. International Law O431
United States courts lack subject matter jurisdiction over claims against foreign
states unless certain exceptions under the
Foreign Sovereign Immunities Act (FSIA)
apply. 28 U.S.C.A. § 1604.
11. International Law O475
If a plaintiff satisfies his burden of
production that an exception to a foreign
state’s presumed immunity under the Foreign Sovereign Immunities Act (FSIA) applies and the defendant fails to present
any evidence in rebuttal, then jurisdiction
attaches. 28 U.S.C.A. § 1604.
12. International Law O446
For purposes of requirement under
terrorism exception to Foreign Sovereign
Immunities Act (FSIA) that a plaintiff
have afforded the foreign state defendant
a reasonable opportunity to arbitrate the
claim in accordance with the accepted international rules of arbitration, the offer to
arbitrate need not precede the complaint.
28 U.S.C.A. § 1605A(a)(2)(A)(iii).
13. Constitutional Law O3965(11)
International Law O506
Foreign states are not persons protected by the Fifth Amendment, leaving no
need to conduct a minimum contacts analysis in determining personal jurisdiction in
a Foreign Sovereign Immunities Act
(FSIA) case. U.S. Const. Amend. 5; 28
U.S.C.A. § 1604.
9. International Law O475
14. International Law O446
Foreign Sovereign Immunities Act
(FSIA) claims against state sponsors of
terrorism are federal causes of action that
do not depend on state law. 28 U.S.C.A.
§ 1605A.
The court begins with a presumption
of immunity for foreign states in Foreign
Sovereign Immunities Act (FSIA) cases.
28 U.S.C.A. § 1604.
15. International Law O447
To assess a plaintiff’s theories of ‘‘personal injury’’ under the Foreign Sovereign
Immunities Act (FSIA), for purposes of