The US Supreme Court said Monday that it won’t consider whether the D.C. Circuit improperly vacated a $121 million award in an equipment refurbishing contract breach dispute between Wye Oak Technology Inc. and Iraq.
This decision arguably leaves in place a circuit split over what a plaintiff must show about its overseas dealings in order to sue a foreign country in a US court. Some circuits, according to Wye Oak, improperly demand that a contract must say the US is a place of performance in order bring a breach lawsuit.
The US Court of Appeals for the D.C. Circuit threw ...