In 2005, a US District Court judge held that Saudi Arabia and the Saudi High Commission for Relief of Bosnia & Herzegovina (SHC) were foreign sovereigns immune from a lawsuit under the Foreign Sovereign Immunities Act (FSIA). That ruling was affirmed by the Second Circuit Court in 2008, but for a different reason than Casey listed. However, the Second Circuit overruled its previous decision in December 2013, saying a legal exception existed and the circumstances were extraordinary. The plaintiffs then filed to reinstate Saudi Arabia and the SHC as defendants in their suit.
A second District Court judge again dismissed the claims against the two defendants on Tuesday.
"The allegations in the Complaint alone do not provide this court with a basis to assert jurisdiction over defendants," Judge George Daniels wrote in his ruling. “Dismissal of the Complaint as to Saudi Arabia and the SHC based upon sovereign immunity is proper.”
The “tortious conduct” by Saudi Arabia and the SHC “predominantly concern torts committed abroad,” he noted.
“To strip a presumptive sovereign of immunity, the tortious conduct must be that of the sovereign itself ‘or of any official or employee of that foreign state while acting in the scope of his office or employment,’” Daniels wrote.
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