Whether the commercial activity exception to the Foreign Sovereign Immunities Act applies to a foreign government instrumentality's alleged breach of contract and participation in a fraudulent smear scheme against a U.S. citizen employee

QUESTIONS PRESENTED L Whether the commercial activity exception to the Foreign Sovereign Immunities Act, 28 U.S.C. § 1605(a)(2), applies to an otherwise immune foreign government instrumentality, when alleged acts involve breach of contract and participation with a foreign ruler’s fraudulent smear scheme, firing, and retaliation against a US. citizen employed by the instrumentality? I. Whether federal common law immunizes a foreign ruler alleged to have organized a fraudulent smear report by New York consultants against a U.S. citizen? Ill. Whether leave to amend the complaint should have been granted under Fed. R. Civ. P. 15(a)(2)?