Republic of Sudan, et al. v. Monicah Okoba Opati, In Her Own Right, and as Executrix of the Estate of Caroline Setla Opati, Deceased, et al.

This Conditional Cross-Petition presents recurring issues of critical importance under the Foreign Sovereign Immunities Act (“FSIA”) and for the relations of the United States with other nations:

1. Whether the term “extrajudicial killing” means a summary execution by state actors, as is consistent with international law and the statutory text, context, and purpose of 28 U.S.C. § 1605A(a).

2. Whether foreign sovereign immunity may be withdrawn for emotional distress claims brought by family members of victims under § 1605A(a)(2)(A)(ii).

3. Whether § 1605A(c) provides the exclusive remedy for actions brought under § 1605A(a), and forecloses state substantive causes of action previously asserted through the “pass-through” provision of 28 U.S.C. § 1606.

4. Whether the statute of limitations contained in § 1605A(b) is jurisdictional in nature and, if it is not, whether the D.C. Circuit should nonetheless have heard Sudan’s limitations defense asserted through its timely, direct appeal.

5. Whether the undisputed fact of civil war, internal strife, and partitioning of Sudan into two countries constitutes excusable neglect or extraordinary circumstances for vacatur under Rule 60(b) of the Federal Rules of Civil Procedure.