Yesterday, the Supreme Court called for the Solicitor General’s views on a cert petition involving a Foreign Sovereign Immunities Act question from the Sixth Circuit. We previously reported on the decision DRFP, LLC v. The Republica Bolivariana de Venezuela in which the Sixth Circuit wrestled with questions concerning the federal court’s jurisdiction over foreign nations and the doctrine of forum non conveniens. The cert petition, building on Judge Martin’s dissent, presents the following question: “Whether a foreign state’s refusal to honor a demand for payment on the state’s alleged securities at a U.S. location causes a “direct effect” in the United States based merely on the failure of the securities to exclude the United States as a place of payment.” Relevant briefing from DRFP is available on Scotusblog. We will continue to monitor developments related to this case as it works its way through the Supreme Court.
