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WYE OAK TECHNOLOGY, INC. v. REPUBLIC OF IRAQ

No. 10-1874.

666 F.3d 205 (2011)

WYE OAK TECHNOLOGY, INCORPORATED, Plaintiff-Appellee, v. REPUBLIC OF IRAQ, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: December 29, 2011.

Attorney(s) appearing for the Case

ARGUED: Craig Crandall Reilly , Alexandria, Virginia, for Appellant. Robert James Pavich , Pavich Law Group, Chicago, Illinois, for Appellee. ON BRIEF: Timothy B. Mills , Maggs & McDermott, LLC, Washington, D.C., for Appellant. John H. Quinn, Jr. , Matthew M. Connell , Quinn, Racusin & Gazzola Chartered, Washington, D.C.; John J. Pavich , Pavich Law Group, Chicago, Illinois; Anthony D'Amato , Northwestern University School of Law, Chicago, Illinois, for Appellee.

Affirmed by published opinion. Judge DUNCAN wrote the majority opinion, in which Judge OSTEEN joined. Judge SHEDD wrote a dissenting opinion.

OPINION

DUNCAN, Circuit Judge:

Under the Foreign Sovereign Immunities Act, 28 U.S.C. §§ 1602-11 ("FSIA"), a federal court has subject matter jurisdiction over a claim against a foreign state only if that claim falls within one of the FSIA's exceptions to immunity. This appeal raises the question of whether, for purposes of analyzing subject matter jurisdiction under the FSIA, a foreign state and its armed forces are separate legal

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