Invitation Brief in No. 08-640, Federal Insurance Co. v. Kingdom of Saudi Arabia

By Amy Howe
on May 29, 2009 at 3:15 pm

In No. 08-640, Federal Insurance Co. v. Kingdom of Saudi Arabia, the United States has filed a brief recommending that cert. be denied.  The case arises out of the September 11 attacks and alleges, inter alia, that the Kingdom of Saudi Arabia, the Saudi High Commission for Relief to Bosnia and Herzegovina, and four Saudi princes donated money to charitable organizations that they knew to be diverting funds to al Qaeda.  The petition asked the Court to review three questions relating to (1) the source of immunity from suit of foreign governmental officials; (2) the scope of the Foreign Sovereign Immunity Act’s tort exception; and (3) personal jurisdiction.  In her brief, the SG acknowledged that the United States “disagrees in certain respects with the analyses of the court of appeals” but explains that “further review by this Court to determine the best legal basis” for the officials’ immunity is not warranted because – in any event – the “lower courts correctly concluded that Saudi Arabia and its officials are immune from suit for governmental acts outside the United States.”  Nor, the United States continues in its brief, “is review warranted” on the personal jurisdiction issue.