Hogan Lovells Publications | Appellate Alert | 04 May 2017

Higher Standard Required: Supreme Court on Foreign Sovereign Immunities Act

On Monday, the Supreme Court of the United States issued its opinion in Venezuela v. Helmerich & Payne, a dispute over the proper pleading standards for parties suing foreign governments in U.S. courts. The decision was an 8-0 win for Hogan Lovells client Venezuela. Holding that U.S. courts have jurisdiction under the Foreign Sovereign Immunities Act only if the facts show – and not just "arguably show" – that a plaintiff's property was taken in violation of international law, the Supreme Court vacated the judgment of the U.S. Court of Appeals for the D.C. Circuit, and remanded the case.

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