Justia International Law Opinion Summaries

After three employees of Drummond's coal mining operations in Colombia were murdered, the heirs filed suit under the Alien Tort Statute (ATS), 28 U.S.C. 1350; the Torture Victim Protection Act of 1991 (TVPA), 28 U.S.C. 1350 note section 2(a); and the wrongful death law of Columbia. Plaintiffs alleged that the murders were committed by paramilitaries of an organization affiliated with Colombia's military, AUC. The AUC provided security against guerilla attacks for Drummond's coal mining facility and operations. Plaintiffs claimed the the murders occurred during a violent armed conflict between the AUC and a leftist guerilla organization, FARC. The district court concluded that plaintiffs' claims were barred by res judicata. The court dismissed plaintiffs' claims for violation of the law of nations which are brought under the ATS under Rule 12(b)(1); affirmed the district court's decision to strike the Mothers' declarations submitted along with plaintiffs' response opposing defendants' motion for summary judgment; and affirmed the district court's order granting defendants' motion to dismiss and for summary judgment on the TVPA and Colombian wrongful death claims. View "Baloco, et al. v. Drummond Co., Inc., et al." on Justia Law

Freidrich and Davis, both American citizens, were passengers on a U.S. Airways flight in 2010 from Philadelphia to Munich, Germany. Davis formerly lived in Pennsylvania, but now lives in Germany. On his 2012 Registration and Ballot Request form, Davis checked a box that declared his intent to return to the U.S. Freidrich alleges that, during the flight, Davis left his seat and, while standing in the aisle waiting to use the lavatory, he fell on her, breaking her arm. In 2012, Freidrich filed suit against Davis for her injuries in the U.S. District Court for the Eastern District of Pennsylvania based on diversity jurisdiction. The court dismissed for lack of subject matter jurisdiction. The Third Circuit affirmed. Freidrich argued that, because Davis manifested his intent to return to the U.S., he did not produce sufficient evidence to rebut the presumption that his domicile continued to be Pennsylvania. Rejecting the argument, the court upheld a finding of a German domicile, based upon both Davis’ actions and his declarations of intent. View "Freidrich v. Davis" on Justia Law

Plaintiffs, victims of terrorist attacks in Israel by Hamas, filed suit against NatWest, claiming that NatWest provided material support and resources to a terrorist organization in violation of the Antiterrorism Act (ATA), 18 U.S.C. 2331(1)(A), 2333(a), and 2339B(a)(1), and collected and provided funds for the financing of terrorism in violation of 18 U.S.C. 2331(1)(A), 2333(a), and 2339C. Plaintiffs alleged that NatWest provided material support and resources to a foreign terrorist organization by maintaining bank accounts and transferring funds for Interpal. The district court granted NatWest's motion for summary judgment. The court vacated and remanded, concluding that there is a triable issue of fact as to whether NatWest possessed the requisite scienter. The statute's requirement is less exacting, and requires only a showing that NatWest had knowledge that, or exhibited deliberate indifference to whether, Interpal provided material support to a terrorist organization, irrespective of whether Interpal's support aided terrorist activities of the terrorist organization. Because Hamas is an organization designated as a Foreign Terrorist Organization (FTO), plaintiffs can fulfill their burden by demonstrating either that NatWest had actual knowledge that Interpal provided material support to Hamas, or that NatWest exhibited deliberate indifference to whether Interpal provided material support. View "Weiss v. Nat'l Westminster Bank" on Justia Law

Wataniya, a Qatari corporation, operates restaurant franchises in the Middle East and North Africa. It has never operated any franchises in the U.S., nor does it have any offices, representatives, or employees in Michigan. Other defendants are natural persons, all citizens of Qatar. Beydoun,a U.S. citizen, was approached in Michigan by a Wataniya representative about becoming Wataniya’s CEO to “bring Western culture and restaurant franchises to the Middle East.” Beydoun accepted the position and moved to Qatar in 2007; his family followed in 2008. After moving to Qatar, Beydoun made several business trips to Michigan on Wataniya’s behalf. Wataniya purchased restaurant equipment from Michigan companies. After the relationship soured, the company accused Beydoun of mismanagement and of stealing significant sums of money. Beydoun responded that the company had not paid him his salary nor reimbursed him for living expenses. Wataniya revoked his exit visa, rendering Beydoun unable to leave Qatar. Beydoun filed suit in the Qatari courts seeking back pay and benefits. Wataniya counter-sued for $13.7 million and lodged a criminal complaint. Wataniya’s lawsuit and the criminal complaint were dismissed and Beydoun was awarded $170,000 by the Qatari courts. Beydoun was not legally permitted to return to Michigan until more than a year had passed. Beydoun sued in Michigan, alleging false imprisonment, abuse of process, and malicious prosecution. The district court dismissed for lack of jurisdiction. The Sixth Circuit affirmed. Beydoun failed to establish that the claims proximately resulted from Wataniya’s contacts with Michigan View "Beydoun v. Wataniya Rest. Holding, QSC" on Justia Law

The Republic appealed the district court's dismissal of its claims under the Racketeer Influenced and Corrupt Organizations Act (RICO), 18 U.S.C. 1961 et seq., the Foreign Practices Act (FCPA), 15 U.S.C. 78dd-1 et seq., and common law. The Republic filed suit against defendants, alleging that they conspired with Iraq's former president, Saddam Hussein and others, to corrupt and plunder an United Nations humanitarian program called Oil-for-Food. The district court dismissed the complaint under Rule 12(b)(6) and declined to exercise jurisdiction over plaintiff's remaining claims. The court affirmed the judgment, concluding that the RICO claims were properly dismissed on the basis of in pari delicto; the Republic does not have a right of action under the FDCPA; and the common-law claims arose under state law, and the district court properly declined to exercise supplemental jurisdiction over them. View "The Republic of Iraq v. ABB AG" on Justia Law

In 1998 Kashamu, a dual citizen of Nigeria and Benin, was charged as the leader of a conspiracy to import and distribute heroin. Kashamu never entered the U.S. His location was unknown. The government did not ask that he be tried in absentia. Eleven other defendants pleaded guilty; one was convicted. Months later, Kashamu was arrested in England. There were two unsuccessful extradition proceedings. After the 2003 ruling, Kashamu left England. Six years later, in Chicago district court, he moved to dismiss the indictment based on the English judge's findings, concerning possible confusion between Kashamu and his brother. The Seventh Circuit rejected his arguments. Kashamu remains in Nigeria, a businessman and a ruling party politician. Although there is an extradition treaty, the government has made no effort to extradite him. In 2014 Kashamu sought to dismiss on the grounds that the court has no personal jurisdiction because he has never been in the U.S. and that the Sixth Amendment speedy-trial clause bars prosecution. The Seventh Circuit again disagreed. Even if Kashamu has constitutional rights, they are not violated. The court has no current jurisdiction, but should he come to the U.S., he can be tried. Denial of a motion to dismiss on speedy-trial grounds is a nonappealable interlocutory order; until proceedings are complete, the causes and duration of the delay, the defendant’s responsibility for it, and the harm from the delay, cannot be determined. At any time “he had only to show up” to obtain resolution of his guilt or innocence. View "Kashamu v. Norgle" on Justia Law

This appeal concerns Ex-Im Bank's efforts to execute on a $21 million judgment in its favor against Grenada. Grenada had waived its sovereign immunity from suit in federal court but, nonetheless, Ex-Im Bank has encountered obstacles in attempting to enforce the judgment in the United States under the Foreign Sovereign Immunities Act (FSIA), 28 U.S.C. 1602-1611. The court concluded that: the question whether the Grynberg Funds may be attached is moot because those funds have already been disbursed; the district court properly vacated the restraining notices against the Restrained Entities because, with one possible exception, the Restrained Funds are not "used for commercial activity in the United States"; and because the record does not provide an adequate basis to determine whether the IATA Funds are used for commercial activity in the United States and whether they belong to Grenada, the court vacated the denial of post-judgment discovery to these funds, and remanded for the district court to reassess whether to permit further discovery. Accordingly, the court dismissed in part, affirmed in part, vacated in part, and remanded. View "Export-Import Bank of the Republic of China v. Grenada" on Justia Law

The Swareks filed suit against Herman Derr and DPI in Chancery Court, alleging that Derr and his corporation breached a contract for the sale of Mississippi farmland. Derr died while the action was pending and years later, Derr Heirs filed suit against the Swareks in the German Regional Court seeking a declaratory judgment that they were not liable for any claims arising from the putative land contract. After the initiation of the German lawsuit but before the decision of the Regional Court, the Swareks dismissed all of their claims against Derr with prejudice and withdrew a pending motion to substitute the Derr Heirs in the Mississippi action. The Regional Court dismissed the Derr Heirs' claim but the German Higher Regional Court reversed. Subsequently, the Derr Heirs returned to Mississippi and attempted to enforce a German order for costs in federal district court. The court concluded that the district court did not abuse its discretion by refusing to enforce the German cost award where the Higher Regional Court's decision to sidestep the comity determination and readjudicate claims that had already been settled in the Chancery Court violated the Mississippi public policy of res judicata and the Swarek's right to permanently terminate their claims. Accordingly, the court affirmed the judgment of the district court. View "Derr, et al. v. Swarek, et al." on Justia Law

Wife filed suit against husband under the Hague Convention on the Civil Aspects of International Child Abduction, TIAS No. 11670, S Treaty Doc. No. 99-11, as implemented by the International Child Abduction Remedies Act (ICARA), 42 U.S.C. 11601 et seq., after husband removed their four children from Mexico to the United States. The district court concluded that the habitual residence of the children at the time of the abduction was in Mexico. Further, the children were wrongfully removed in violation of wife's right of custody under Mexican law. Wife enjoyed rights of custody under Mexican law and she was actively exercising those rights at the time of the children's abduction. Therefore, the district court ordered the children returned to the United States. Determining that it had jurisdiction, the court concluded that there was no clear error in the district court's factual findings and, after de novo review of the district court's conclusions of law resulting in the grant of wife's petition, the court found no error of law in that result. Accordingly, the court affirmed the judgment of the district court. View "Seaman v. Peterson" on Justia Law

Plaintiff filed suit against Kenya in district court for breach of contract based on Kenya's underpayment of rewards owed to him. The court affirmed the district court's conclusion that the Foreign Sovereign Immunities Act (FSIA), 28 U.S.C. 1604, barred plaintiff's suit. In this case, Kenya did not waive its immunity in U.S. courts and Kenya's alleged breach of contract lacks the connection to the United States required by the commercial activity exception to the FSIA. View "Odhiambo v. Republic of Kenya, et al." on Justia Law