- The FSIA applies only if the party is a “foreign state” at the time the complaint is filed. Dole Food, 538 U.S. at 480 (former ownership by Israel not a basis to invoke FSIA).
- The FSIA applies retroactively to conduct that predates its enactment, so long as the claim at issue was brought after its enactment. Republic of Austria v. Altmann, 541 U.S. 677 (2004) (Proskauer represented the petitioner in this case).
Ch. 9 Suing Non-U.S. Governmental Entities in U.S. Courts
JENNIFER R. SCULLION, JASON GERSTEIN*, JESSICA KASTNER*
V. Timing of Application of FSIA
* Not Yet Admitted