Courts across the country have already begun citing to the Restatement Fourth’s Tentative Drafts on Jurisdiction, Sovereign Immunity, and Treaties. These three portions of Restatement of the Law Fourth, The Foreign Relations Law of the United States, were completed and approved by ALI membership at the 2017 Annual Meeting. Below is a list of Tentative Draft citations from May 2017 to September 2018. The Official Text is available for pre-order.

KT Corporation v. ABS Holdings, Ltd., 2018 WL 3364390, United States District Court, S.D. New York, July 10, 2018

Citing and quoting Restatement of the Law Fourth, The Foreign Relations Law of the United States – Jurisdiction § 401, Comment e, and citing § 404 (T.D. No. 1, 2014)

Philipp v. Federal Republic of Germany, 894 F.3d 406, United States Court of Appeals, District of Columbia Circuit, July 10, 2018

Citing and quoting Restatement of the Law Fourth, The Foreign Relations Law of the United States – Sovereign Immunity § 455, Reporters’ Note 9 (T.D. No. 2, 2016)

Upper Skagit Indian Tribe v. Lundgren, 138 S.Ct. 1649, Supreme Court of the United States, May 21, 2018

Dissent quoting Restatement of the Law Fourth, The Foreign Relations Law of the United States – Sovereign Immunity § 456(2) (T.D. No. 2, 2016)

Doe v. Mattis, 889 F.3d 745, United States Court of Appeals, District of Columbia Circuit, May 7, 2018

Citing Restatement of the Law Fourth, The Foreign Relations Law of the United States – Jurisdiction § 211, Comment f of § 211, and Comment a of § 214 and quoting § 213 (T.D. No. 2, 2016)

AlbaniaBEG Ambient Sh.p.k. v. Enel S.p.A., 73 N.Y.S.3d 1, Supreme Court, Appellate Division, First Department, New York, February 8, 2018

Quoting Restatement of the Law Fourth, The Foreign Relations Law of the United States – Jurisdiction § 402, Reporters’ Note 3 (T.D. No. 1, 2014)

Leidos, Inc. v. Hellenic Republic, 881 F.3d 213, United States Court of Appeals, District of Columbia Circuit, February 2, 2018

Citing Restatement of the Law Fourth, The Foreign Relations Law of the United States – Jurisdiction § 420 (T.D. No. 3, 2017)

Simon v. Republic of Hungary, 277 F.Supp.3d 42, United States District Court, District of Columbia, September 30, 2017

Quoting Restatement of the Law Fourth, The Foreign Relations Law of the United States – Sovereign Immunity § 455, Reporters’ Note 7 (T.D. No. 2, 2016)

JPMorgan Chase Bank, N.A. v. Herman, 168 A.3d 514, Appellate Court of Connecticut, August 22, 2017

Quoting Restatement of the Law Fourth, The Foreign Relations Law of the United States – Jurisdiction § 302, Comment a (T.D. No. 2, 2016)

Republic of Marshall Islands v. United States, 865 F.3d 1187, United States Court of Appeals, Ninth Circuit, July 31, 2017

Citing and quoting Restatement of the Law Fourth, The Foreign Relations Law of the United States – Treaties § 110, and quoting § 110, Comment b (T.D. No. 2, 2017)

De Csepel v. Republic of Hungary, 859 F.3d 1094, United States Court of Appeals, District of Columbia Circuit, June 20, 2017

Concurring and Dissenting Opinion: Citing and quoting Restatement of the Law Fourth, The Foreign Relations Law of the United States – Sovereign Immunity § 455 and Reporters’ Note 6 (T.D. No. 2, 2016)

Bolivarian Republic of Venezuela v. Helmerich & Payne Intern. Drilling Co., 137 S.Ct. 1312, Supreme Court of the United States, May 1, 2017

Quoting Restatement of the Law Fourth, The Foreign Relations Law of the United States – Sovereign Immunity § 455, Reporters’ Note 12 (T.D. No. 2, 2016)

 

ALI Staff

The American Law Institute

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