08-2805 Rubin v. The Islamic Republic of Iran

By: WISCONSIN LAW JOURNAL STAFF//March 29, 2011//

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United States Court of Appeals

Civil Procedure

FSIA

Under 28 U.S.C. 1609 of the FSIA, the property of a foreign state in the United States is presumed immune from attachment and execution.

“The immunity inheres in the property and does not depend on an appearance and special pleading by the foreign state itself. The party in possession of the property may raise the immunity or the court may address it sua sponte. Either way, the court must independently satisfy itself that an exception to § 1609 immunity applies before ordering attachment or other execution on foreign-state property in the United States.”

Reversed and Remanded.

08-2805 Rubin v. The Islamic Republic of Iran

Appeal from the United States District Court for the Northern District of Illinois, Manning, J., Sykes, J.

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