POOF!/Special Fee Shifting Statute: Determination Of No Sovereign Immunity Waiver Meant Substantial Fee Award Under Foreign Intelligence Surveillance Act Goes POOF!

 

$2.5 Million Fee and $22,000 Costs Awards Went Away.

     In Al-Haramain Islamic Foundation v. Obama, Case Nos. 11-15468 et al. (9th Cir. Aug. 7, 2012) (published), the Ninth Circuit dealt with a situation where two private plaintiffs obtained statutory damages and substantial $2,515,387.09 fee and $22,012.36 costs awards under 50 U.S.C. § 1810. (This provision is part of the Foreign Intelligence Surveillance Act, which allows for a private cause of action in favor of aggrieved persons subject to electronic surveillance for Al Qaeda/terrorist ties, including a mandatory award to the aggrieved persons of “reasonable attorney’s fees and other investigation and litigation costs reasonably incurred” under section 1810(c).)

     Well, the Ninth Circuit reversed based primarily on finding that there was no implied waiver of sovereign immunity. As a result, both the damages and fees/costs awards went POOF!

     Wikipedia has an article about Al-Haramain Islamic Foundation.