Opati v. Republic of Sudan

Opati v. Republic of Sudan, 590 U.S. 418 (2020), was a United States Supreme Court case involving the Foreign Sovereign Immunities Act with its 2008 amendments, whether plaintiffs in federal lawsuits against foreign countries may seek punitive damages for cause of actions prior to enactment of the amended law, with the specific case dealing with victims and their families from the 1998 United States embassy bombings.

On August 7, 1998, more than 200 people were killed in simultaneous truck bombings of United States embassies in Kenya and Tanzania, including 12 American citizens, and thousands of others wounded.

Congress sought to rectify the Cicippio-Puleo decision in passing the National Defense Authorization Act for Fiscal Year 2008 (NDAA 2008) by including language to modify FSIA's terrorism exceptions.

[5] During the case's history, Sudan had sent counsel to continue to challenge its position as a state-sponsor of terrorism or its ties to the embassy bombings.

[7] Gorsuch wrote that while the amendments were not explicit, "Congress was as clear as it could have been when it authorized plaintiffs to seek and win punitive damages for past conduct" in the 2008 language.