This Week At The Ninth: Sovereign Immunity And Plausible Defamation

This week, the Ninth Circuit examines whether private companies can count as foreign sovereigns for purposes of immunity, and when broad statements can plausibly be read to refer to specific individuals under Washington State defamation law.

WHATSAPP INC. ET AL. V. NSO GROUP TECHNOLOGIES LIMITED ET AL.

The Court holds that foreign sovereign immunity does not protect private companies.

The panel: Judges Murguia, Nelson, and Forrest, with Judge Forrest writing the opinion.

Key highlight: "The question presented is whether foreign sovereign immunity protects private companies. The law governing this question has roots extending back to our earliest history as a nation, and it leads to a simple answer-no. Indeed, the title of the legal doctrine itself-foreign sovereign immunity-suggests the outcome."