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Thayane Machin Martinez

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Supreme Court narrows FSIA expropriation exception, holding commingling alone is insufficient to overcome sovereign immunity

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By Ed Mullins, Rebeca E Mosquera, Thayane Machin Martinez
| Lexology Verified
Key takeaways The Foreign Sovereign Immunities Act’s expropriation exception remains strictly construed, preserving sovereign immunity for non-commercial acts. Merely claiming “commingled” funds is not enough – plaintiffs must trace expropriated property or proceeds to U.S. transactions. The Court’s ruling imposes a higher evidentiary burden, demanding a clear and fact-based commercial nexus to the United States.
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