Statutory Interpretation – FSIA | Wisconsin Law Journal

By: Derek Hawkins//May 1, 2019//

Listen to this article

United States Supreme Court

Case Name: Republic of Sudan v. Rick Harrison, et al.

Case No.: 16-1094

Focus: Statutory Interpretation – FSIA

This case concerns the requirements applicable to a particular method of serving civil process on a foreign state. Under the Foreign Sovereign Immunities Act of 1976 (FSIA), a foreign state may be served by means of a mailing that is “addressed and dispatched . . . to the head of the ministry of foreign affairs of the foreign state concerned.” 28 U. S. C. §1608(a)(3). The question now before us is whether this provision is satisfied when a service packet that names the foreign minister is mailed to the foreign state’s embassy in the United States. We hold that it is not. Most naturally read, §1608(a)(3) requires that a mailing be sent directly to the foreign minister’s office in the minister’s home country.

Reversed and remanded

Dissenting: THOMAS, J., filed a dissenting opinion.

Concurring:

Full Text

Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.