Assistant Professor Andrew Haile has published an article for the American Bar Association Supreme Court Preview about the pending case of Ministry of Defense and Support for the Armed Forces of the Islamic Republic of Iran v. Elahi.
The case, currently pending before the United States Supreme Court, addresses the issue of whether a United States citizen is precluded from collecting on a judgment against the nation of Iran for the assassination of the U.S. citizen’s brother. Resolution of the issue requires the Court to interpret certain provisions of the Victims of Trafficking and Violence Protection Act of 2000, under which the U.S. citizen received partial satisfaction of the judgment against Iran from a fund for terror victims established by the United States government. The parties dispute whether that partial payment precludes the U.S. citizen from further pursuing the judgment by attaching assets owned by Iran in the United States.
Haile comments in the review that, “The Court’s decision in this case will determine the scope of asstes available to satisfy judgement-creditors of state-sponsors of terrorism. In addition, it will affect the extent of liability that the United States may incur in pending and future Claims Tribunal decisions.”
To read Haile’s complete Supreme Court case preview, click on the link to the right of this article, under E-CAST.