United States Fourth Circuit

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Clodfelter v. Republic of Sudan, 11-2118

In a suit brought by the family members of the victims of the U.S.S. Cole bombing against defendant Sudan, the district court's judgment that a previous judgment for plaintiffs under the Death on the High Seas Act precluded an action under the Foreign Sovereign Immunities Act, is reversed and remanded, where: 1) because plaintiffs filed a new action directly under 28 U.S.C. section 1605A, the various provisions of section 1083(c) of the National Defense Authorization Act governing how to apply section 1605A retroactively to pending and previous actions are inapplicable to this case; 2) the district court did not abuse its discretion when it considered sua sponte whether res judicata barred the plaintiffs' claims; but 3) res judicata should not apply here.

Appellate Information

  • Decided 06/20/2013
  • Published 06/20/2013

Judges

  • DUNCAN

Court

  • United States Fourth Circuit

Counsel