United States Supreme Court Asked to Consider Scope of Immunity of International Organizations

In Jam v. International Finance Corporation, the United States Supreme Court is being asked to consider whether “international organizations” enjoy broader immunities from suits in U.S. courts than “foreign governments” under the Foreign Sovereign Immunities Act (FSIA), 28 U.S.C. §§ 1602-11.

As explained in the petition, there is a split among the Circuit Courts of Appeal concerning whether these various international organizations that engage in a broad range of domestic and international activities (including significant commercial activities) are entitled to a form of “absolute immunity” as enunciated in United States common-law decisions establishing jurisprudence prior to the codification of immunity (a more restrictive immunity) that was extended to foreign governments under the FSIA.

This is an extremely important issue for any non-profit or for-profit “international organization” that fits within the broad class of those entities that engage in a multitude of activities in the United States or with any entity within the U.S. that can potentially sue these organisations.

It will be interesting to see the level of amicus curiae (friend of the court) participation that this case garners.

As a frequent author of amicus curiae briefs in the United States Supreme Court and other federal and states courts in the United States, Carson J. Tucker has succeeded in convincing appellate courts to consider the implications of decisions and legal issues that they are addressing in a wide variety of nationally significant cases, including international environmental law, U.S. constitutional law, and significant private liability matters.

About cjtucker06

Owner of law firm since July 2014; Handles all types of appellate matters and assists other lawyers with complex litigation and insurance coverage issues; Admitted to the Supreme Court of the United States, the Sixth Circuit Court of Appeals and the State Bar of Michigan; Expertise in prosecuting and defending appeals with several significant successes in the Sixth Circuit Court of Appeals, the Michigan Supreme Court and the Michigan Court of Appeals; Author of briefs amicus curiae in the Michigan Supreme Court for the Michigan Defense Trial Counsel and the Insurance Institute of Michigan; Represents Insurance Companies, Major International Business, Governmental Entities, Law Enforcement Officers and County Sheriffs. Board of Directors, Michigan Defense Trial Counsel Amicus Committee Co-Chair, Michigan Defense Trial Counsel Military - Retired Major in the Judge Advocate General (JAG) Corps of the United States Army, Brigade Judge Advocate and Staff JAG officer for the Maneuver Training Center, Camp Grayling, Michigan; Recipient of the Army's Meritorious Service Medal (the highest medal of honor available to Soldiers serving in non-combat roles); 2012 Graduate of the Judge Advocate Officer Advanced Course, at The Judge Advocate Legal Center and School, Charlottesville, Virginia. United States Navy Reserves, Combat Warfare Qualification, January 1989 to July 2003 Former law clerk to Justice Stephen J. Markman, Michigan Supreme Court, Research Attorney, Michigan Court of Appeals. Insurance Coverage Associate Plunkett Cooney; Environmental Law Attorney at Squire Sanders, now Squire Patton Boggs; Master's Degree in Environmental Law; Environmental Law Scholar, ALI/ABA Washington, D.C., Juris Doctorate, Vermont Law School, Environmental Editor, Vermont Law Review; Treasurer and Finalist, Moot Court Advisory Board.
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