Faisal is a citizen of the United Kingdom, residing in London. Mardia is a U.S. citizen. They married in Bangladesh in 2009, while Mardia was a student in Michigan. She remained in Michigan to complete her studies. In 2011, Mardia moved to London; in 2013 she applied for Indefinite Leave to Remain, In 2014, Mardia, then pregnant, traveled to Knoxville, where she had lived previously. The couple disputes whether she intended to return to the UK. Faisal traveled to Knoxville on a three-month visa. Mardia gave birth to twins in Knoxville and the family moved into an apartment. Faisal’s visa expired; he returned to London. Mardia insists she told him then that she intended to remain in the U.S. with the children. Faisal visited the U.S. in April 2015. The next month, the entire family traveled to the UK. The parties dispute their intentions. In July 2015, Mardia traveled with the children to Bangladesh. Their tickets indicated they were scheduled to return to London on August 5. Mardia claims she told her husband that she would not return. Faisal claims he did not learn her plans until August 4, when she flew to Knoxville with the children. He sought their return under the Hague Convention, as implemented by 22 U.S.C. 9001. The Sixth Circuit affirmed denial of Faisal’s petition, finding that he failed to establish that the UK was the children’s habitual residence at the time Mardia retained them. View "Ahmed v. Ahmed" on Justia Law

Vera sued the Republic of Cuba for the extrajudicial killing of his father in 1976. In 2008, Vera obtained a default judgment against Cuba in Florida state court, relying on the “terrorism exception” to sovereign immunity, 28 U.S.C. 1605A(a)(1). Vera then secured a default judgment against Cuba in a U.S. District Court in New York, which granted full faith and credit to the Florida judgment. Vera served information subpoenas on the New York branches of various foreign banks, including BBVA, which refused to comply with the subpoena’s request for information regarding Cuban assets located outside the U.S. BBVA moved to quash the subpoena, contending that Vera’s judgment was void for lack of subject matter jurisdiction under the Foreign Sovereign Immunities Act, 28 U.S.C. 1602. The Second Circuit reversed in favor of BBVA. The district court lacked subject matter jurisdiction over Vera’s action against Cuba because Cuba was not designated a state sponsor of terrorism at the time Vera’s father was killed. Vera failed to establish that Cuba was designated a state sponsor of terrorism as a result of his father’s death. The FSIA’s terrorism exception to sovereign immunity—the only potential basis for subject matter jurisdiction— did not apply. Cuba was immune from Vera’s action. View "Vera v. Republic of Cuba" on Justia Law

Brittania-U filed suit against defendants for fraud, misrepresentation, and tortious interference with business relations arising out of a bidding process for oil leases in Nigeria. The Fifth Circuit affirmed the district court's denial of Brittania-U's motion to remand and the grant of defendants' motions to dismiss based on an arbitration provision in a confidentiality agreement between Brittania-U and Chevron. The court held that jurisdiction exists, and removal was proper, under the Convention on the Recognition and Enforcement of Foreign Arbitral Awards, 9 U.S.C. 203. The court also held that the district court did not err in recognizing that the confidentiality agreement's arbitration provision delegated the question of arbitrability to the arbitrators. View "Brittania-U Nigeria, Ltd. v. Chevron USA, Inc." on Justia Law

J.B., a U.S. citizen, was born in Ukraine in 2008 to Charles, a U.S. citizen, and Olga, a Ukrainian citizen and lawful U.S. permanent resident. In 2011, Charles secured a job in Germany; Olga was accepted to a Ph.D. program at the University of Pittsburgh. Olga and J.B. moved to Pittsburgh, separately from Charles. In 2013, J.B. underwent surgery. Charles went to Pittsburgh to be with J.B. He unsuccessfully sought jobs in the U.S. The three then went to Germany. In 2015, Olga returned to Pittsburgh to complete her Ph.D. program, taking J.B. The parties agreed to divorce. Charles sent an email, indicating that he might move to another country. Olga responded that J.B. was happy in Pittsburgh, so by the end of the year, returning to Berlin might not be his wish. Charles did not object. In 2016, the parties exchanged emails indicating that they may have previously agreed that J.B. would live with each for a year at a time. A Pennsylvania court issued an interim custody order, allowing J.B. to continue to reside with the Olga. Charles sought J.B.’s return to Germany under the Hague Convention on International Child Abduction. The Third Circuit affirmed denial of relief. To the extent an agreement could be discerned, the parents’ intent was that J.B. would move to the U.S. not for a visit, but with a settled purpose. Because J.B. had acclimatized to his life in the U.S. at the time of the retention, that was then his habitual residence and the retention was not wrongful under the Convention. View "Blackledge v. Blackledge" on Justia Law

The Republic of the Marshall Islands filed suit seeking a declaration that the United States breached its obligations pursuant to the Treaty on the Non-Proliferation of Nuclear Weapons and ordering the United States to engage in good-faith negotiations. The Ninth Circuit affirmed the district court's dismissal of the suit, holding that the claims were nonjusticiable. Article VI of the Treaty was not directly enforceable in federal court, the Marshall Islands' asserted injuries were not redressable, and the claims raised nonjusticiable political questions. The panel noted that, at bottom, the suit was doomed because diplomatic negotiations among parties to the Treaty fell quintessentially within the realm of the executive, not the judiciary. View "Republic of the Marshall Islands v. United States" on Justia Law

Plaintiff filed suit under the Federal Tort Claims Act (FTCA) after he was held in immigration detention for more than three years because the government mistakenly believed that he was a deportable alien. The district court found the government liable to plaintiff on the false imprisonment claim, dismissed the malicious prosecution claim and negligent investigation claim on motion, and entered judgment for the government on the negligent delay claim post-trial. The Second Circuit reversed the judgment as to the false imprisonment claim because it was time-barred. The court affirmed the judgment in all other respects, holding that the malicious prosecution claim failed because the government did not act with malice, the negligent investigation claim failed for lack of a private analogue, and the negligent delay claim failed because plaintiff suffered no cognizable damages. View "Watson v. United States" on Justia Law

Plaintiffs filed suit against Sudan for personal injuries suffered by victims of the al Qaeda embassy bombings and their families in Nairobi, Kenya and in Dar es Salaam, Tanzania. The DC Circuit held that the purpose and statutory history of the Foreign Sovereign Immunities Act (FSIA) support the conclusion that the plain meaning of 28 U.S.C. 1605A(a) grants the courts jurisdiction over claims against designated state sponsors of terrorism that materially support extrajudicial killings committed by nonstate actors; plaintiffs have offered sufficient admissible evidence that establishes that Sudan's material support of al Qaeda proximately caused the 1998 embassy bombings and the district court, therefore, correctly held that plaintiffs met their burden of production under the FSIA terrorism exception; the limitation period in section 1605A(b) was not jurisdictional, and thus Sudan forfeited its affirmative defense to the Khaliq, Opati, and Aliganga actions by failing to raise it in the district court; a plaintiff proceeding under either state or federal law cannot recover punitive damages for conduct occurring prior to the enactment of section 1605A; and the district court did not abuse its discretion in failing to vacate the default judgments for "excusable neglect" and in denying Sudan's motion under Fed. R. Civ. P. 60(b)(6). Therefore, the court affirmed the district court's findings of jurisdiction with respect to all plaintiffs and all claims; affirmed the district court's denial of vacatur; vacated all awards of punitive damages; and certified a question of state law – whether a plaintiff must be present at the scene of a terrorist bombing in order to recover for intentional infliction of emotional distress (IIED) – to the D.C. Court of Appeals. View "Owens v. Republic of Sudan" on Justia Law

Father petitioned the district court to order mother to return their three-year-old daughter to Paraguay, where she lived with both parents from October 2014 to October 2016. The Fifth Circuit affirmed the district court's determination that Paraguay was the daughter's habitual residence and that mother had wrongfully removed her to the United States. The court held that the district court did not legally err in assessing the parties' shared intent about their child's habitual residence; nor did the district court clearly err in finding that they agreed that their daughter would habitually reside in Paraguay; and any purported evidentiary error was harmless. View "Cartes v. Phillips" on Justia Law

Plaintiffs, representatives of the estates of decedents who perished in a plan crash in Nigeria, appealed the district court's dismissal of their claims based upon the doctrine of forum non conveniens and denial of their motion for relief under Fed. R. Civ. P. 60(b). The Eleventh Circuit affirmed the judgment, holding that the district court did not abuse its discretion in either dismissing the claims or denying the Rule 60(b) motion. In this case, the district court did not abuse its discretion either in determining that the public factors also weighed in favor of dismissal or in its overall analysis under the forum non conveniens doctrine and conclusion that dismissal of the foreign decedents' claims was warranted. In regard to the denial of the Rule 60(b) motion, the district court did not apply the law in an incorrect or unreasonable manner in deciding that the procedural posture did not warrant the requested relief. Furthermore, there was no reason to believe that defendant would contest liability in Nigeria and thus there was no reason to disturb the district court's denial of reconsideration on this ground. View "Kolawole v. Sellers" on Justia Law

The zone of special danger doctrine can apply to local nationals working in their home countries under employment contracts covered by the Longshore and Harbor Workers' Compensation Act, as extended by the Defense Base Act (DBA). The Ninth Circuit denied a petition for review of a decision of the United States Department of Labor's Benefits Review Board (BRB) awarding disability benefits, pursuant to the DBA, to Edwin Jentil. Jentil was employed by a U.S. government contractor when he was injured. The panel held that the ALJ and BRB did not commit legal error by applying the zone of special danger doctrine to Jetnil. In this case, substantial evidence supported the ALJ and BRB's decision that Jetnil was entitled to disability benefits because his injury arose out of the zone of special danger associated with his employment. View "Chugach Management Services v. Jetnil" on Justia Law