D.C. Circuit Upholds Dismissal Of Claims Against Iran Precluded By The Algiers Accords; Circuit Now Silently Divided On Whether Section 1605a Does Or Does Not Create Private Right Of Action

Roeder, et al. v. Islamic Republic of Iran and the U.S., No. 10-5355 (D.C. Cir. July 2011), affirms the conclusion of the District Court. We earlier posted on the District Court decision in this case. It held that even the 2008 amendments to the Foreign Sovereign Immunities Act, 28 U.S.C. sec. 1605A, did not permit the plaintiffs here to sue Iran. The private international litigation practice issues decided by this otherwise public international law case bear brief mention.

Plaintiffs are Americans taken hostage in Iran in 1979 and their families. Their earlier lawsuit under an exception to the FSIA was...