Replies

More on the Burnett v. al Baraka Investment and Dev. Corp. line of cases.

Ruling dismissing many defendants, but not dismissing the case ...
http://www.nysd.uscourts.gov/rulings/03MDL1570_RCC_011905.PDF

See also 274 F.Supp.2d 86 (D.D.C. 2003) (upholding personal jurisdiction over three defendants and grant of discovery re personal jurisdiction over another defendant)

See also 292 F.Supp.2d 9 (D.D.C. 2003) (dismissing claims against high Saudi government officials based on the FSIA)

See also 349 F.Supp.2d 765 (SDNY 2005) (dismissal of nine defendants for lack of personal jurisdiction)

Shifting gears to a different line of cases to show another difficulty in obtaining relief in this type of case ...

Brief by the US Government requesting denial of certiorari to appellant in Acree v. Iraq and United States. Appellant desired to maintain a claim against a foreign state based on the Flatlow Act or common law. ...
http://www.usdoj.gov/osg/briefs/2004/0responses/2004-0820.resp.pdf

DC Circuit Court of Appeals Opinion in Acree v. Iraq and United States - June 4, 2004
http://pacer.cadc.uscourts.gov/docs/common/opinions/200406/03-5232a.pdf

February 15, 2005
Marine Corps Lt. Col. Clifford Acree was shot down on Jan. 17, 1991, the first day of the war, savagely beaten, and tortured for most of the 47 days of his captivity. Acree and 16 other former POWs, most of them aviators, all of them subject to savage torture at the hands of the Iraqis, filed their suit under the terms of the 1996 Anti-Terrorism Act, in which Congress authorized US courts to award "money damages ... against a foreign state for personal injury or death that was caused by an act of torture, extrajudicial killing, aircraft sabotage [or] hostage taking." In July 2003, a federal judge awarded the former POWs nearly one billion dollars in punitive and compensatory damages. ...
The Americans were tortured in a prison in Iraq called Abu Ghraib.
Their claims against Iraq have been successfully contested by the Bush Administration, which immediately intervened in the case and argued before the US Court of Appeals for the District of Columbia that any and all such claims against the Saddam regime were voided by the US invasion.The judges ruled unanimously in favor of the President and against the American former POWs. The Administration then killed a congressional resolution supporting the POWs.
http://www.lawrence.com/blogs/patrickquinn/2005/feb/15/pows/
MONDAY, APRIL 25, 2005 CERTIORARI -- SUMMARY DISPOSITIONS
ACREE, CLIFFORD, ET AL. V. IRAQ, ET AL.
The motion of Washington Legal Foundation, et al. for leave to file a brief as amici curiae is granted. The motion of St. Mary's University School of Law, et al. for leave to file a brief as amici curiae is granted. The motion of Center for Justice & Accountability and International Law Scholars for leave to file a brief as amici curiae is granted. The petition for a writ of certiorari is denied.
http://www.supremecourtus.gov/orders/courtorders/042505pzor.pdf

University of Cincinnati Law review on the Acree case ...
http://www.law.uc.edu/lawreview/uclaw73pdf/0771herzig.pdf

More on the Acree case ... clearly the courts will not provide a remedy, and that may well be the correct legal decision. It is interesting that CJ Roberts rendered a concurring opinion (see link in post above) that Acree was not entitled to the relief sought, basically on gronds that Congress had stripped the courts of jurisdiction.

Congress has not finished having its say.

H.R.1321
Title: To make funds available to pay the United States prisoners of war that brought suit against the Government of Iraq in the case of Acree v. Republic of Iraq.
Sponsor: Rep Strickland, Ted [OH-6] (introduced 3/15/2005) Cosponsors (10)
Latest Major Action: 3/15/2005 Referred to House committee.
Status: Referred to the House Committee on International Relations.
http://thomas.loc.gov/cgi-bin/bdquery/z?d109:HR01321:@@@L&summ2=m&