Justices Set High Bar For Foreign Expropriation Suits

Law360, New York (May 1, 2017, 10:30 AM EDT) -- The U.S. Supreme Court decided Monday that claims of expropriation by a foreign government need to clear a high bar in order to be heard by U.S. courts, handing a win to Venezuela in a suit accusing it of illegally seizing drilling rigs belonging to Helmerich & Payne Inc.

Despite several justices appearing skeptical of Venezuela's contentions at oral arguments, the high court sided with the South American nation in an 8-0 ruling, finding that the more relaxed "frivolousness" standard used by the D.C. Circuit wasn't strict enough to determine whether a case falls within the expropriation exception of the Foreign...

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