Joseph J. Cicippio, Elham Cicippio, David Jacobson v. Islamic Republic of Iran

Opinion for the Court filed by Circuit Judge SILBERMAN.

SILBERMAN, Circuit Judge:

Appellants appeal from the district court’s order dismissing their action against the Islamic Republic of Iran for lack of subject matter jurisdiction. Concluding that kidnapping is not, by its nature, a commercial act, that dealings directly between two sovereign states do not constitute “commercial activity” within the meaning of the Foreign Sovereign Immunities Act, and that the “noncommercial tort” exception does not apply, we affirm.

I

This case arises out of the well-publicized abductions of appellants Joseph…