Justia International Law Opinion Summaries

After R&R filed suit seeking to redeem bonds issued by Banco do Brasil, the district court dismissed for lack of subject-matter jurisdiction and decided, in the alternative, that the bonds were no longer redeemable under Brazilian law.The Eleventh Circuit concluded that the district court had subject-matter jurisdiction under the commercial-activity exception to the Foreign Sovereign Immunities Act (FSIA), because the issuance of the colonization bonds was a commercial activity and the Bank's refusal to honor those bonds caused a direct effect in the United States. However, the court concluded that the complaint is barred by the statute of limitations under Brazilian law. In this case, the statute of limitations ran in 1997, 20 years after maturity, and thus when R&R tried to redeem the colonization bonds in 2018, they were no longer enforceable. Accordingly, the court vacated in part and affirmed in part. View "R&R International Consulting LLC v. Banco Do Brasil, S.A." on Justia Law

Plaintiffs Elliot Broidy and his investment firm filed suit against the State of Qatar and various other defendants after Qatari agents allegedly hacked into plaintiffs' computer servers, stole their confidential information, and leaked it to the media in a retaliatory effort to embarrass plaintiff and thereby to neutralize his ability to continue to effectively criticize the Qatari regime and its alleged support of terrorism.The Ninth Circuit affirmed the district court's dismissal based on lack of subject matter jurisdiction under the Foreign Sovereign Immunities Act (FSIA). The panel concluded that neither the FSIA's exception to immunity for tortious activity nor its exception for commercial activity applied in this case and thus Qatar was immune from jurisdiction. The panel explained that all of plaintiffs' tort claims were barred under the discretionary function exclusion from the tortious activity exception because the challenged conduct was discretionary in nature or involved an element of judgment or choice, and the judgment was of the kind that the exception was designed to shield. Furthermore, plaintiffs' claims were based on the alleged surreptitious intrusion into their servers and email accounts in order to obtain information and the dissemination of such information to others, including persons in the media. The panel explained that such conduct did not qualify as commercial activity under the FSIA. View "Broidy Capital Management v. State of Qatar" on Justia Law

In this opinion, the Court of Appeal addressed three consolidated appeals relating to a judgment for the return of a child in an international custody dispute. This case was retried after the Court reversed an earlier judgment marred by due process violations. After remand, the trial court again granted father’s petition under the Hague Convention on the Civil Aspects of International Child Abduction (the Convention) and the International Child Abduction Remedies Act (ICARA), for return of the child to her father’s custody in Denmark, her country of habitual residence. The court also awarded father his attorney fees and other expenses as the prevailing party under the Convention and ICARA. Mother filed separate appeals of the return order and the fees award and two post judgment sealing orders related to the parties’ use of the transcript of the trial judge’s confidential interview with the child during the trial. The Court of Appeal determined mother’s appeal of the return order was moot because the child was nearly 18 years old, and the Convention did not apply after the child who was the subject of the return petition turns 16. The Court reversed the fees award, because mother had no opportunity for a full and fair hearing on father’s motion for fees. As for mother’s appeal of the postjudgment sealing orders, the Court found no merit to the appeal and affirmed the orders. View "Noergaard v. Noergaard" on Justia Law

The Second Circuit affirmed defendant's conviction and sentence for international parental kidnapping and passport fraud. After determining that defendant's vagueness challenge fails insofar as it is premised on deficient notice, the court held that the International Parental Kidnapping Crime Act (IPKCA) is not unconstitutionally vague as applied to him. In this case, the IPKCA is not unconstitutionally vague as applied to someone who retains children abroad without first abducting them, when the children had not been in the United States for several years prior to the unlawful retention.The court also held that the district court properly applied two Sentencing Guidelines enhancements for substantial interference with the administration of justice and for fraudulent use of a United States passport. View "United States v. Houtar" on Justia Law

Respondents appeal the district court's grant of an application for discovery in aid of a foreign proceeding under 28 U.S.C. 1782 brought by petitioner. The application relates to complex litigation stemming from the sinking of an oil tanker captained by petitioner off the coast of Spain. Petitioner cross-appeals, arguing that the district court should have refrained from entering final judgment and instead maintained the case on its active docket to facilitate further uses of the discovery materials.The Second Circuit concluded that petitioner's cross-appeal, unlike respondents' appeal, no longer presents a live case or controversy and is therefore moot. The court also concluded that the district court erred by failing to conduct a choice-of-law analysis with respect to applicable privileges and in analyzing whether one of the proceedings cited by petitioner as a basis for his application was within reasonable contemplation. Therefore, the court dismissed the cross-appeal and vacated the district court's judgment. The court remanded for further proceedings and ordered respondents to refrain from destroying or altering any records, materials, or documents that may reasonably be considered to be subject to discovery pursuant to the section 1782 applications at issue in this case until July 30, 2021, unless otherwise directed by an order of a United States court. View "Mangouras v. Boggs" on Justia Law

The U.S. Court of International Trade affirmed the Department of Commerce’s final affirmative determination in the countervailing duty investigation on cold-rolled steel flat products from the Republic of Korea. Commerce determined that the Korean government provided the respondents no financial assistance “because the prices charged to these respondents under the applicable industrial tariff were consistent with KEPCO’s [Korea Electric Power Corporation] standard pricing mechanism.” KEPCO is the state-owned sole provider of electricity in Korea. Commerce found no evidence suggesting that that the respondents received preferential treatment over other industrial users of electricity that purchase comparable amounts of electricity. Commerce did not review quality, availability, marketability, transportation, or other conditions affecting KEPCO’s purchase or sale of electricity.The Federal Circuit vacated. The 1994 Uruguay Round Agreements Act, 19 U.S.C. 3511, changed the definition of what constitutes a benefit conferred. Commerce’s reliance on a preferential-rate standard is inconsistent with the statute, particularly the less-than-adequate-remuneration requirement, and is therefore contrary to law. Commerce’s cost-recovery analysis was limited to discussion of KEPCO’s costs. That limited analysis does not support its conclusion that electricity prices paid to KEPCO by respondents are consistent with prevailing market conditions because Commerce failed to evaluate the Korea Power Exchange’s impact on the Korean electricity market. View "Posco v. United States" on Justia Law

Tomari Jackson drowned to death while on a school trip to Belize. His mother, Adell Forbes, individually and as administrator of Jackson’s estate (collectively, “Forbes”), filed a wrongful death action in Georgia. Because Forbes filed the action outside the applicable limitation period provided for under Belize law but within the period that would be applicable under Georgia law, the issue presented for the Georgia Supreme Court's review entered on whether Georgia’s or Belize’s limitation period applied to that wrongful death action. The Court of Appeals held that Georgia law, and not Belize law, controlled the limitation period governing the wrongful death claim. The Supreme Court disagreed and reversed. View "Auld v. Forbes" on Justia Law

Father filed suit under the Hague Convention, alleging that mother wrongfully removed their children from Argentina to Texas. While this appeal was pending, the Supreme Court held in Monasky v. Taglieri, 140 S. Ct. 719, 730 (2020), that the correct approach to habitual residence is to examine the totality of the circumstances.The Fifth Circuit applied the totality-of-the circumstances standard established in Monasky to the district court's findings and held that the totality of the circumstances shows that the children did not habitually reside in Argentina. In this case, the district court found, among other things, that both parents and all the children were born in the United States and continued to be United States citizens; father's work contract in Argentina was at-will; mother continued to own property in Texas; the children attended an American school in Argentina; and none of the parties owned any property in Argentina. View "Smith v. Smith" on Justia Law

Plaintiffs filed a putative class action on behalf of members and descendants of the Ovaherero and Nama indigenous peoples against the Federal Republic of Germany, seeking damages for the enslavement and genocide of the Ovaherero and Nama peoples in what is now Namibia, as well as for property they alleged Germany expropriated from the land and peoples.The Second Circuit affirmed the dismissal of the suit for lack of subject matter jurisdiction under the Foreign Sovereign Immunities Act (FSIA). Germany is a foreign sovereign; the only path for the exercise of jurisdiction is if a FISA exception applies. FSIA’s takings exception, 28 U.S.C. 1605(a)(3), provides that a foreign state is not immune from the jurisdiction of U.S. courts in cases "in which rights in property taken in violation of international law are in issue and that property or any property exchanged for such property is present in the United States in connection with a commercial activity carried on in the United States by the foreign state; or that property or any property exchanged for such property is owned or operated by an agency or instrumentality of the foreign state and that agency or instrumentality is engaged in commercial activity in the United States.” The plaintiffs’ allegations were insufficient to trace the proceeds from property expropriated more than a century ago to present‐day property owned by Germany in New York. View "Rukoro v. Federal Republic of Germany" on Justia Law

An aircraft engine caught fire during testing in South Carolina. Rolls-Royce had manufactured and sold the engine to Boeing for incorporation into a 787 Dreamliner aircraft. Boeing demanded compensation from Rolls-Royce. In 2017, the companies settled for $12 million. Rolls-Royce then sought indemnification from Servotronics, the manufacturer of a valve. Under a long-term agreement between Rolls-Royce and Servotronics, any dispute not resolved through negotiation or mediation must be submitted to binding arbitration in England, under the rules of the Chartered Institute of Arbiters (CIArb). Rolls-Royce initiated arbitration with the CIArb. Servotronics filed an ex parte application in the Northern District of Illinois, seeking a subpoena compelling Boeing to produce documents for use in the London arbitration. The subpoena was issued, then quashed.The Seventh Circuit ruled in favor of Rolls-Royce. A district court may order a person within the district to give testimony or produce documents “for use in a proceeding in a foreign or international tribunal,” 28 U.S.C. 1782(a). Section 1782(a) does not authorize the district court to compel discovery for use in a private foreign arbitration. View "Servotronics, Inc. v. Rolls-Royce PLC" on Justia Law