The Significance of the Supreme Court’s Opati Decision for States and Companies Sued for Terrorism in U.S. Courts

Abstract:

On Monday, the Supreme Court issued its decision in Opati v. Republic of Sudan opening the door to victims of the 1998 U.S. embassy bombings in Nairobi and Dar es Salaam to pursue retroactive punitive damages against Sudan. Not only does the unanimous opinion of the Court reinstate as much as $4.3 billion in damages, but it may have wide-ranging consequences for the protections foreign states receive in U.S. courts and the ability of victims to bring claims against sovereign and private parties more broadly.