Foreign States May Be Liable For Tortious Acts Committed By Their Employees

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The "tortious act exception" of the Foreign Sovereign Immunities Act of 1976 (“FSIA,” 28 U.S.C. § 1605(a)(5))

provides that a foreign state, or its official or employee, is not immune from money damages sought against it

for personal injury or death, or damage to or loss of property, for tortious acts or omissions occurring in the

United States while acting within the scope of one's office or employment, with limited exceptions. In an

employment situation, state law governs whether the tortious act is within the course and scope of employment.

(Randolph v. Budget Rent-A-Car, 97 F.3d 319, 325 (9th Cir. 1996) ("where state law provides a rule of liability

governing private individuals, the FSIA requires the application of that rule to foreign states in like

circumstances"), quoting First National City Bank v. Banco Para El Comercio Exterior de Cuba ("Bancec"),

462 U.S. 611, 622, n.11 (1983).)

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