[20180508]LSB10129_美国放弃对利比亚的恐怖判决.pdf

CRS INSIGHT Prepared for Members and Committees of Congress Legal SidebarLegal Sidebari i United States Off the Hook for Vacated Terror Judgment against Libya May 8, 2018 Update: The United States Court of Appeals for the Federal Circuit affirmed the decision below in Alimanestianu v. United States, disagreeing with plaintiffs that a 2015 Supreme Court case, Horne v. Department of Agriculture, required a different result. The plaintiffs argued that under Horne, the loss of their right to collect on the judgment against Libya amounted to a per se taking for which the government is categorically obligated to pay just compensation. The appellate court disagreed, emphasizing that Horne involved a physical appropriation of property (portions of a raisin crop) rather than the espousal of a claim against a foreign government, which did not involve a physical invasion of property. The court concluded that Horne did not disturb its precedent holding the governments espousal of a claim against a foreign sovereign is not a compensable taking of property rights. The plaintiffs may appeal the decision to the Supreme Court. The original post from January 17, 2017, follows below. The United State