Fagot Rodriguez v. Republic of Costa Rica

LIPEZ, Circuit Judge.

This case raises several questions of first impression for this circuit regarding the scope of-the Foreign Sovereign Immunities Act (“FSIA”), 28 U.S.C. §§ 1330, 1602-1611. The FSIA provides the exclusive basis for acquiring-subject matter jurisdiction over foreign states and their agencies and instrumentalities. Id. §§ 1330, 1604. Under the statute, “a foreign state shall be immune from the jurisdiction of the courts of the United States,” id. § 1604, unless the case falls within one of the exceptions to immunity set out in § 1605. At issue here are the exceptions for…