This Note argues that U.S. courts should allow foreign states to raise substantive defenses when using Rule 60(b)(4) to challenge the courts' jurisdiction to enter a default judg- ment. Part I of this Note analyzes the FSIA and relief from judgment under Rule 60(b). Part II analyzes the conflicting views on whether to consider substantive defenses in deter- mining subject matter jurisdiction. Part III argues that in the context of FSIA actions the use of substantive defenses under Rule 60(b)(4) is not only workable, but more desirable than the use of Rule 60(b)(6) judicial discretion. This Note concludes that the consideration of substantive defenses under Rule 60(b)(4) is necessary to fulfill the congressional intent behind the FSIA.
A. John Sutham,
Brokering a Difficult Marriage: Substantive Defenses under Rule 60(b)(4) Relief from Default Judgments in Foreign Sovereign Immunities Act Proceedings ,
14 Fordham Int'l L.J. 216
Available at: http://ir.lawnet.fordham.edu/ilj/vol14/iss1/10