Case: 17-1268 Opati v. Republic of Sudan (2020-Feb-24)
QUESTION PRESENTED:
The questions presented are:
Whether a party which knowingly and intentionally twice defaults, acts to delay and not in good faith, and affirmatively elects not to contest a nonjurisdictional legal issue before judgment may nevertheless demonstrate "extraordinary" and "exceptional" circumstances warranting appellate review of the forfeited nonjurisdictional legal issue post-judgment.
Whether, consistent with this Court's decision in Republic of Austria v. Altmann, 541 U.S. 677 (2004), the Foreign Sovereign Immunities Act applies retroactively; thereby permitting recovery of punitive damages under 28 U.S.C. § l605A(c) against foreign states for terrorist activities occurring prior to the passage of the current version of the statute.
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QUESTION PRESENTED:
The questions presented are:
- Whether a party which knowingly and intentionally twice defaults, acts to delay and not in good faith, and affirmatively elects not to contest a nonjurisdictional legal issue before judgment may nevertheless demonstrate "extraordinary" and "exceptional" circumstances warranting appellate review of the forfeited nonjurisdictional legal issue post-judgment.
- Whether, consistent with this Court's decision in Republic of Austria v. Altmann, 541 U.S. 677 (2004), the Foreign Sovereign Immunities Act applies retroactively; thereby permitting recovery of punitive damages under 28 U.S.C. § l605A(c) against foreign states for terrorist activities occurring prior to the passage of the current version of the statute.
