Schermerhorn v. State of Israel, No. 17-7023 (D.C. Cir. 2017)Annotate this Case
U.S.-flagged ships on the high seas do not fall within the Foreign Sovereign Immunities Act's (FSIA), 26 U.S.C. 1605, non-commercial torts exception. Plaintiffs filed suit alleging that Israeli Defense Forces attacked the vessel they were on and detained them in violation of international law. The DC Circuit affirmed the dismissal of the complaint based on Israel's immunity from suit, finding that neither the "non-commercial torts" nor "terrorism" exceptions of the FSIA allowed jurisdiction. The court rejected plaintiffs' contention that Congress' amendment of the FSIA exception eliminated the requirement that a state be designated a sponsor of terrorism for the exception to apply.