1/ New lawsuit raises question of whether Cardinal McCarrick was an employee of the Vatican for purposes of the foreign sovereign immunity act. #lawtwitter #catholictwitter https://t.co/qFKGmfvxqW
— Steve Bainbridge (@PrawfBainbridge) November 25, 2020
2/ "We agree with the Fourth and Ninth Circuits that an agent's acts conducted with the apparent authority of the state is insufficient to trigger the commercial exception to FSIA." Dale v. Colagiovanni, 443 F.3d 425, 429 (5th Cir. 2006).
— Steve Bainbridge (@PrawfBainbridge) November 25, 2020
3/ So it looks like plaintiffs will have to make two moves. (A) Establish McCarrick is an agent of the Vatican. (b) Establish that he had actual authority to commit the torts in question. Both look tough but the latter looks really hard.
— Steve Bainbridge (@PrawfBainbridge) November 25, 2020
4/ See also English v. Thorne, 676 F. Supp. 761, 764 (S.D. Miss. 1987): "any of the alleged acts or omissions by the Vatican would not have occurred within the jurisdiction of the United States, but rather within the confines of the Vatican. pic.twitter.com/ywJ1KNvlDq
— Steve Bainbridge (@PrawfBainbridge) November 25, 2020
