Designated a state sponsor of terrorism and, therefore, enjoying severely limited immunity, Iraq regained the protection of the Foreign Sovereign Immunities Act pursuant to actions by President Bush and congressional amendments. However, the District of Columbia federal courts found jurisdiction for certain plaintiffs attempting to sue Iraq for damages suffered under the overthrown regime.

On June 8, 2009, the Supreme Court of the United States examined Republic of Iraq v. Jordan Beaty et al., docket number 07-1090. The unanimous opinion delivered by Justice Scalia untangles the changing legal regimes for immunity in conjunction with the terrorism exception. -- Clemens Kochinke, partner, Berliner, Corcoran & Rowe, LLP.