Justia International Law Opinion Summaries

In "Hahn v. Diaz-Barba," (194 Cal.App.4th 1177 (2011)), the Court of Appeal affirmed an order, issued under the forum non conveniens doctrine, staying an action against residents of California for tortious interference with contract and related claims for the sale of an interest in a Mexican business. In this petition, the issue was whether the court erred by granting plaintiffs' motion to lift the stay on the ground Mexican courts dismissed two separate suits they filed in that country, making it an unavailable alternate forum. Defendants contended the ruling was erroneous because the evidence showed plaintiffs did not prosecute their action in Mexico in good faith. Among other things, defendants claimed they unreasonably delayed filing suit in Mexico and purposely drafted deficient complaints to ensure their rejection. Additionally, defendants argued the court prejudicially erred by denying their request to cross-examine the independent expert it appointed on Mexican law. After review, the California Court of Appeal concluded defendants' contentions lacked merit, and thus denied the petition. View "Diaz-Barba v. Super. Ct." on Justia Law

Nathan Stoliar was convicted and sentenced for crimes related to fraudulent schemes involving the false generation of renewable fuel credits under United States law, false representations regarding the type of fuel being sold, and the export of biodiesel without retiring or purchasing renewable energy credits adequate to cover the exported amount as required under United States law. Canada filed a petition for restitution from Soliar but the district court denied the order. This is a petition for a writ of mandamus filed pursuant to the Crime Victims' Rights Act (CVRA), 18 U.S.C. 3771. Because a petitioner seeking restitution under the CVRA must also rely on a substantive restitution statute, Canada sought restitution pursuant to the Mandatory Victims Restitution Act (MVRA), 18 U.S.C. 3663A(a)(1), (c)(1). The court concluded that Canada's claim for restitution is based on events that are insufficiently related to the schemes set forth in the indictment and the facts supporting Stoliar's guilty plea. Accordingly, the court denied the petition for a writ of mandamus. View "Her Majesty the Queen in Right of Canada v. U.S. District Court for the District of Nevada" on Justia Law

Plaintiff appealed the dismissal of her complaint for failure to effect service of process as required under the Foreign Sovereign Immunities Act (FSIA), 28 U.S.C. 1608(a)(3). In view of the resulting prejudice to plaintiff and the absence of any relevant prejudice to the Embassy of Zambia of allowing a further effort at service, the court concluded that that dismissal was too extreme a remedy because plaintiff's attempts at service came so close to strict compliance with the FSIA as to demonstrate a good faith effort at timely compliance amidst the sometimes confusing directions from the district court. Accordingly, the court reversed and remanded. View "Barot v. Embassy of Zambia" on Justia Law

Plaintiff, a successful Venezuelan entrepreneur, filed an international human rights law complaint against Venezuela and two Venezuelan governmental entities, alleging that the Venezuelan government committed various torts and statutory violations against him. The district court dismissed the complaint for lack of subject matter jurisdiction under the Foreign Sovereign Immunities Act (FSIA), 28 U.S.C. 1605(a)(3). The court concluded that, under the domestic takings rule, no violation of international law occurred for the purposes of the FSIA where the alleged takings affected a foreign country's own national and took place on that country's soil. Further, the act of state doctrine provides an additional basis to dismiss the claims. Accordingly, the court affirmed the judgment of the district court. View "Mezerhane v. Republica Bolivariana De Venezuela" on Justia Law

The South Korean government seeks to prosecute petitioner for murder and requests that he be extradited from the United States. Petitioner had served a prison term in South Korea after being convicted of destroying evidence in connection with the murder. A magistrate judge certified the extradition and petitioner filed a petition for a writ of habeas corpus to challenge the certification order. The court affirmed the district court's denial of the petition where the lapse-of-time provision in the 1998 extradition treaty between the United States and South Korea did not impose a mandatory bar on petitioner's extradition. Further, the double-jeopardy provision of the Status of Forces Agreement (SOFA) governing American military personnel and their dependents in South Korea does not provide a basis for a court to bar petitioner's extradition where the individual rights established through the SOFA are not judicially enforceable. The court's decision does not foreclose petitioner from seeking relief from the Secretary of State. View "Patterson v. Wagner" on Justia Law

After Venezuela forcibly seized oil rigs belonging to the Venezuelan subsidiary of an American corporation, both the parent and subsidiary filed suit in the United States asserting jurisdiction under the Foreign Sovereign Immunities Act's (FSIA), 28 U.S.C. 1604, 1605-1607, expropriation and commercial activity exceptions. The district court granted Venezuela's motion to dismiss as to the subsidiary's expropriation claim, but denied the motion in all other respects. The court concluded that the district court correctly concluded that the parent corporation had sufficient rights in its subsidiary's property to support its expropriation claim; but the district court should have allowed the claim to proceed because the subsidiary's expropriation claim is neither "wholly substantial" nor "frivolous" under this Circuit's standard for surviving a motion to dismiss in an FSIA case; and the district court should have granted the motion to dismiss with respect the commercial activity exception where the subsidiary's commercial activity had no "direct effect" in the United States, which is required by the FSIA to defeat sovereign immunity. Accordingly, the court affirmed in part and reversed in part. View "Helmerich & Payne Int'l Drilling v. Bolivarian Rep. of Venezuela" on Justia Law

Expander Global conducts no business and is merely a holding company for its wholly owned subsidiary, Expander SystemSweden, another Swedish corporation. Expander Sweden wholly owns Expander Americas. Those companies manufacture industrial pins used in heavy machinery. In 2010, Eagle entered into an Independent Contractor Agreement with Expander Americas to provide consulting services. The Agreement led to a relationship between Global and Bakker, Eagle’s sole owner, who acted as a project manager and as secretary of the Global Board of Directors. In 2011, Global terminated Bakker from his positions and its agreement with Eagle. Eagle sued Expander Americas, alleging breach of contract and promissory estoppel; Bakker sued Global for quantum meruit. The district court dismissed the quantum meruit action for lack of personal jurisdiction, finding that Global did not have the requisite minimum contacts with Missouri to be subject to its Long-Arm Statute or to satisfy due process. It was not licensed to do business in the state; it did not advertise within the state; it did not send employees to the state; and no money was received or sent to the state. The court granted Expander Americas summary judgment on the remaining claims, based on the statute of frauds. The Eighth Circuit affirmed. View "Eagle Tech. v. Expander Americas, Inc." on Justia Law

Rickmers Genoa Schiffahrtsgesellschaft mbH & Cie KG (Rickmers) sought to enforce a Philippine arbitral award given to Lito Martinez Asignacion for maritime injuries. Asignacion sued Rickmers in Louisiana state court to recover for his injuries. Rickmers filed an exception seeking to enforce the arbitration clause of Asignacion’s contract. The state court granted the exception, stayed litigation, and ordered arbitration in the Philippines. The district court refused to enforce the award pursuant to the public-policy defense found in the Convention on the Recognition and Enforcement of Foreign Arbitral Awards, and the prospective-waiver doctrine. Rickmers appeals. Finding that the district court erred in reaching its conclusion, the Fifth Circuit reversed and remanded for the district court to enforce the award. View "Asignacion v. Rickmers Genoa Schiffahrtsgesellschaft mbH & Cie KG" on Justia Law

From 1987 to 2001, Bengis and Noll engaged in a scheme to harvest large quantities of South Coast and West Coast rock lobsters from South African waters for export to the United States in violation of both South African and U.S. law. Defendants, through their company, Hout Bay, harvested rock lobsters in amounts that exceeded the South African Department of Marine and Coastal Management’s quotas. In 2001, South Africa seized a container of unlawfully harvested lobsters, declined to prosecute the individuals, but charged Hout Bay with overfishing. Bengis pleaded guilty on behalf of Hout Bay. South Africa cooperated with a parallel investigation conducted by the United States. The two pleaded guilty to conspiracy to commit smuggling and violate the Lacey Act, which prohibits trade in illegally taken fish and wildlife, and to substantive violations of the Lacey Act. Bengis pleaded guilty to conspiracy to violate the Lacey Act. The district court entered a restitution order requiring the defendants to pay $22,446,720 to South Africa. The Second Circuit affirmed, except with respect to the extent of Bengis’s liability, rejecting an argument the restitution order violated their Sixth Amendment rights. View "United States v. Bengis" on Justia Law

The government filed a civil complaint seeking forfeiture of funds held in a brokerage account. The clerk entered a default against Appellants and all other potential claimants. The district court granted the government’s motion for entry of default and, concluding that Appellants could not allege a meritorious defense, refused to grant their motion to set aside the default judgment under Fed. R. Civ. P. 60(b)(1). The court did not specifically articulate any “extreme circumstances” justifying entry of default and default judgment. A panel of the Ninth Circuit affirmed, holding (1) courts reviewing a Rule 60(b) motion must apply the factors outlined in Falk v. Allen to ensure that the “extreme circumstances” policy is recognized, but nothing in Rule 60(b) nor the Court’s precedent requires a district court to articulate on the record particular “extreme circumstances” before it denies a motion to set aside a default judgment; and (2) after applying the Falk factors, it is clear that Appellants had no meritorious defense, and therefore, the district court did not abuse its discretion in denying Appellants’ Rule 60(b)(1) motion. View "United States v. Aguilar" on Justia Law