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Lawsuit Against Foreign Government - How To?



Halloween Letters
3/9/2004 9:19:14 PM


Just curious:
I have been hatching an idea to formall sue a foreign government in
order to recover damages suffered by me as a direct result of the
government's policies and lack of performance.
I don't want $$$ but a small compensation and an aplogy would be
sufficient.
Is this doable? How does one go about it? What legal offices should I
contact?
I am in California.
 
 
cj.green@worldnet.att.net (Christopher Green)
3/10/2004 10:45:43 AM


Halloween Letters <bill.gates@sco.com> wrote in message news:<d29t40ldlumddmdle8hpn6og9tdnmt683k@4ax.com>...
Just curious:
I have been hatching an idea to formall sue a foreign government in
order to recover damages suffered by me as a direct result of the
government's policies and lack of performance.
I don't want $$$ but a small compensation and an aplogy would be
sufficient.
Is this doable? How does one go about it? What legal offices should I
contact?
I am in California.
Suing a foreign government falls under the Foreign Sovereign
Immunities Act (1976; amended 1995). For the most part, suits against
foreign governments are barred. There are several exceptions; the most
interesting may be when the suit involves the government's activity in
US commerce or involves property in the US. There's a State Department
FAQ on the FSIA at http://travel.state.gov/fsia.html
Mere loss of money in connection with the dealings of a foreign
government does not qualify for an exception to FSIA [mentioned as
dicta in Siderman v. Argentina, 965 F.2d 699]. In other words, if you
lost money on an investment because the foreign country devalued its
currency or was governed by fools, you would probably be SOL. If you
lost money because the government expropriated a company you owned
stock in, you might have a case that qualifies for an exception.
You will have to put your money where your mouth is: if your papers
must be served through diplomatic channels (many governments do not
accept service by mail), State charges $650 just to serve your papers
on the foreign government; if both the foreign government and an
agency or instrumentality of it are involved, both must be served, and
the fee doubles.
If you are getting the idea that pursuing this for "small compensation
and an apology" would be a large waste of time and money, you are on
the right track.
--
Not a lawyer,
Chris Green
 
 
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