REPUBLIC OF IRAQ v. BEATY

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Case Basics
Docket No. 
07-1090
Petitioner 
Republic of Iraq
Respondent 
Jordan Beaty et al.
Consolidation 
Iraq v. Simon, No. 08-539
Advocates
(argued the cause for the petitioners)
(Assistant to the Solicitor General, Department of Justice, argued the cause for the United States, as amicus curiae, supporting petitioners)
(argued the cause for the respondents)
Term:
Facts of the Case 

In 2003, plaintiffs sued the Republic of Iraq in the United States District Court for the District of Columbia for intentional infliction of emotional distress alleging they had been tortured and taken hostage during the 1990-1991 Gulf War. The plaintiffs relied on 28 U.S.C. Section 1605(a)(7), an exception to the Foreign Sovereign Immunities Act (FSIA), which allowed for lawsuits against state sponsors of terrorism. Iraq moved to dismiss arguing that Section 1605(f) provides a limitations period of ten years for any action filed under Section 1605(a)(7). The district court agreed and dismissed the suit.

After the plaintiffs' appeal, Congress passed the National Defense Authorization Act (NDAA) which revised Section 1605(a)(7) granting the President authority to waive the exception to the FSIA with respect to Iraq, which he did. Iraq subsequently contended that because of the revision, the case should be dismissed. The United States Court of Appeals for the District of Columbia Circuit disagreed and reversed the district court. It held that the district court had jurisdiction. The court reasoned that the plaintiffs' lawsuit was filed on time and not barred by the President's waiver.

Question 

Do American courts have jurisdiction over lawsuits filed prior to the revision of 28 U.S.C. Section 1605(a)(7) against the Republic of Iraq when the alleged misdeeds occurred under the regime of Saddam Hussein?

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REPUBLIC OF IRAQ v. BEATY. The Oyez Project at IIT Chicago-Kent College of Law. 25 November 2014. <http://www.oyez.org/cases/2000-2009/2008/2008_07_1090>.
REPUBLIC OF IRAQ v. BEATY, The Oyez Project at IIT Chicago-Kent College of Law, http://www.oyez.org/cases/2000-2009/2008/2008_07_1090 (last visited November 25, 2014).
"REPUBLIC OF IRAQ v. BEATY," The Oyez Project at IIT Chicago-Kent College of Law, accessed November 25, 2014, http://www.oyez.org/cases/2000-2009/2008/2008_07_1090.