9th Circ. Won't Rehear Islamic Group's Gov't Spying Suit

Law360, New York (December 5, 2012, 4:58 PM EST) -- The Ninth Circuit on Wednesday denied an Islamic charity's petitions to review a finding that the group could not receive a $2.5 million award for alleged unlawful government surveillance because the U.S. never explicitly waived its sovereign immunity under the Foreign Intelligence Surveillance Act.

The appeals court in August overturned a district court's finding that a government immunity waiver was “implicit in the remedy” under FISA because only holding federal employees liable would offer “scant, if any, relief.” The Ninth Circuit disagreed, asserting that any sovereign...
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