United States DC Circuit

Gulf War POWs' $959 million judgment against Republic of Iraq was overturned because the terrorism exception to the Foreign Sovereign Immunities Act does not provide a cause of action against a foreign state itself, but only officers or agents of the foreign state.

Appellate Information

• Argued 04/07/2004
• Decided 06/04/2004
• Published 06/04/2004

Judges

• Before:  EDWARDS, TATEL, and ROBERTS, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Gregory G. Katsas, Deputy Assistant Attorney General, U.S. Department of Justice, argued the cause for appellant.   With him on the brief were Peter D. Keisler, Assistant Attorney General, Roscoe C. Howard, Jr., U.S. Attorney, Douglas N. Letter, H. Thomas Byron, III, Douglas Hallward-Driemeier, and Lewis Yelin, Attorneys.


• For Appellees:
  
• Stewart A. Baker argued the cause for appellee Clifford Acree, et al.   With him on the brief were Stephen A. Fennell, Bennett Evan Cooper, and John Norton Moore., Daniel J. Popeo and Paul D. Kamenar were on the brief for amici curiae in support of appellees.