2021 Supreme Court term

CASSIRER et al. v. THYSSEN-BORNEMISZA COLLECTION FOUNDATION

Dockets 20-1566Decided
AI-generated independent summary

This educational guide is based on the linked primary sources. It is not a Court publication, is not affiliated with the Court, and is not legal advice.

In brief

Overview

The Supreme Court held that a foreign state in an FSIA suit is liable in the same way as a private party.

The Court applied the forum state's choice‑of‑law rule, meaning California law governs the dispute.

The Ninth Circuit judgment was vacated and the case remanded for further proceedings consistent with this opinion.

Background and question before the Court

The case concerned whether a foreign state sued under the Foreign Sovereign Immunities Act (FSIA) should be subject to the forum state's choice‑of‑law rules.

What each side argues

Source-limited. Supported descriptions of the parties' positions are not available yet.

What happened at oral argument

Justice Thomas asked whether applying Spanish law to the foreign state would be the same as applying it to a private person.

According to Justice Kagan, Ms. Hansford was questioned by Justice Kagan regarding her argument.

According to Justice Alito, Justice Alito inquired whether the Court would be less comfortable preempting state law based on federal interests not embodied in a statutory conflict.

Chief Justice Roberts asked if the various considerations could be applied fully at the liability stage.

The case was submitted at 12:29 p.m.

What the Court decided

The Court held that a foreign state or instrumentality in an FSIA suit is liable just as a private party would be.

Accordingly, the judgment of the Court of Appeals for the Ninth Circuit was vacated and the case remanded for further proceedings consistent with this opinion.

Why it matters

The decision clarifies that FSIA cases are subject to the forum state's choice‑of‑law rules, affecting how foreign sovereign liability is determined.

It reinforces that foreign states are liable in the same manner as private parties, guiding future litigation involving foreign sovereigns.

Terms to know

No glossary terms are available for this guide.

Primary sources

Read the source materials on the official site or open the immutable repository copy used for this guide.

  • 02cdcf82688230737012-r1-7eae21e6898a4588.pdfopinion
  • da44f7e8891c6544cf55-r1-9cb3e5c25d422612.pdforal argument transcript

Guide generated September 28, 2026. Automated validation accepted this version.