Mark S. Zaid

@MarkSZaidEsq ↗

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Last Checked July 29, 2020

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Wed Apr 22 03:15:30 +0000 2020

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Mark S. Zaid @MarkSZaidEsq

@willscharf @poljunkie12 @SheenaGreitens @danicamclellan That's a different bet though. If a def is not considered state instrumentality under FSIA then maybe a claim could survive. I offer no comment on that prospect. But if any def is considered to fall under FSIA, no exceptions will apply. Immunity will attach completely. — PolitiTweet.org

Posted April 22, 2020 Hibernated

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Mark S. Zaid @MarkSZaidEsq

@poljunkie12 @willscharf @SheenaGreitens @danicamclellan Now if MO and other plaintiffs were smart, they would rewrite FSIA to strip China of immunity like I did with Libya. But Congress is unlikely to pass any such amendment. — PolitiTweet.org

Posted April 22, 2020 Hibernated

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Mark S. Zaid @MarkSZaidEsq

@willscharf @poljunkie12 @SheenaGreitens @danicamclellan Based on established precedent under the commercial activities exception (at least based on last time I looked), I don't think such a scenario would overcome immunity. And I'm not even getting into all the fact questions I have that would legally impact the determination. — PolitiTweet.org

Posted April 22, 2020 Hibernated