Justia International Law Opinion Summaries

Articles Posted in Real Estate & Property Law
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In January 2020, Plaintiff sued Iberostar under the Helms-Burton Act, which grants the right to sue companies trafficking in property confiscated by the Cuban government. Plaintiff claims that Cuba seized her family’s hotel in 1961 and that Iberostar and the Cuban government now operate the hotel together.Iberostar successfully sought a stay of the proceedings, citing a regulation that prohibits participation in Helms-Burton suits—on pain of a fine that could reach 600,000 euros. Two years have passed since the stay, and Plaintiff sought to lift the stay. The district court denied her request.On appeal, the Eleventh Circuit reversed the district court's decision, vacated the stay, and remanded the case with instructions it proceed. The court noted that the stay was indefinite and that the European Union agency tasked with resolving the matter has no timeline for its decision. As a result, the court concluded that the stay is immoderate and must be vacated. View "Maria Dolores Canto Marti v. Iberostar Hoteles Y Apartamentos SL" on Justia Law

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Plaintiff, a citizen and resident of Vietnam, initiated arbitration proceedings in Singapore against Defendant, then a citizen and resident of North Carolina regarding a dispute related to a sale of property in the Philippines. Plaintiff obtained a $1.55 million award against Defendant, and then brought this case asking the court to enforce the award. The district court rejected Defendant's jurisdictional challenges and granted summary judgment in favor of Plaintiff. Defendant appealed.The Fourth Circuit affirmed the district court's order granting summary judgment to Plaintiff. In so holding, the court rejected Defendant's claim that the district court lacked subject matter and personal jurisdiction, and that the court erred in finding no disputed issues of material fact. View "Rachan Reddy v. Rashid Buttar" on Justia Law

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This case arose from an alleged international conspiracy to secure lucrative oil and gas contracts in Nigeria in exchange for bribes involving real estate, furniture, artwork, and other gifts. LightRay, the sole shareholder of the corporate owner of the yacht, M/Y Galactica Star, appeals the district court's 2018 order striking its claims and dismissing it for lack of standing. Enron Nigeria, a judgment creditor of the Federal Republic of Nigeria, appeals the district court's 2020 order granting a consent motion that resulted in the forfeiture of the yacht.The Fifth Circuit affirmed the district court's ruling with respect to LightRay's appeal and dismissed Enron Nigeria's appeal for lack of jurisdiction. The court concluded that the district court did not abuse its discretion in determining that LightRay deliberately withdrew its claim against the yacht and waived its argument that it did so under duress. Furthermore, the district court did not err in dismissing LightRay from the proceedings for lack of standing with respect to the Remaining Assets. The court also concluded that Nigeria's Verified Claim was at all times immune from attachment and execution under the Foreign Sovereign Immunities Act. In this case, Nigeria did not waive its sovereign immunity by encouraging the United States Government to sell the Galactica Star. View "United States v. LightRay Capital, LLC" on Justia Law

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The Helms-Burton Act allows any United States national with a claim to property confiscated by the Cuban Government to sue any person who traffics in such property. Plaintiff filed suit alleging that American had trafficked in confiscated property in violation of Title III of the Helms-Burton Act, seeking damages that include triple the value of the Cuban beachfront properties at issue.The Fifth Circuit disagreed with the district court's decision to dismiss plaintiff's claim under the Act for lack of standing. The court sided with courts that have held that the legally cognizable right provided by the Helms-Burton Act to the rightful owners of properties confiscated by Fidel Castro allows those property owners to assert a concrete injury based on defendants' alleged trafficking in those properties.However, plaintiff's claim fails on the merits because it does not satisfy certain statutory requirements under the Act. The court agreed with the district court's alternative conclusion that the statutory time limit requirement is fatal to this suit, because the property in which plaintiff claims an ownership interest was confiscated before 1996—yet he did not inherit his claim to that property until after 1996. Accordingly, the court vacated the district court's dismissal of the case for lack of standing and rendered judgment for defendant. View "Glen v. American Airlines, Inc." on Justia Law

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The Supreme Court affirmed the decision of the court of appeals affirming the circuit court's grant of summary judgment in favor of Kemper Independence Insurance Company denying coverage to Appellant for the loss of her home, holding that Kemper was not required to provide coverage for the loss of the home after Appellant's husband intentionally set fire to it.The parties stipulated that, with the intent to deceive, the husband concealed from Kemper facts about his involvement in the fire, and Kemper relied on that concealment and fraud to its detriment. The circuit court concluded that the "concealment or fraud" condition in the insurance policy covering the home barred coverage for Appellant's claims. The court of appeals affirmed. The Supreme Court affirmed, holding (1) the husband was an insured under the terms of the policy; (2) the policy's "concealment or fraud" condition precluded coverage for Appellant; and (3) Wis. Stat. 631.95(2)(f) did not apply. View "Kemper Independence Insurance Co. v. Islami" on Justia Law

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Sharifi alleges the U.S. Army took his land when it built Combat Outpost Millet in Afghanistan in 2010. The government asserted that Sharifi’s Fifth Amendment complaint was “vague and ambiguous” because it did not specifically identify the property interest that the government allegedly took, that Sharifi had not provided a legal description of the land, a deed, or other documents that would allow the government to identify the location. The Claims Court instructed Sharifi to file an amended complaint. Sharifi alleged that government records, verified by the District Governor of Arghandab, showed that his grandfather owned the land on which the Army built COP Millet: Ownership of the land passed to Sharifi and his siblings, who subdivided the land by a 2004 inheritance agreement. The government submitted six declarations, including several witness declarations and an expert declaration on Afghan law. The Claims Court dismissed Sharifi’s amended complaint for failure to show a cognizable property interest.The Federal Circuit affirmed. The government records attached to Sharifi’s amended complaint and the 2004 inheritance agreement do not constitute proof of land ownership under the laws of Afghanistan. Even accepting as true all factual allegations in Sharifi’s amended complaint, the amended complaint does not contain sufficient facts to state a plausible takings claim. View "Sharifi v. United States" on Justia Law

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At issue in this civil forfeiture appeal was whether the district court erred by exercising subject matter jurisdiction over a foreign state's property or abused its discretion by rejecting defendants' statute‐of‐limitations defense sua sponte. The Second Circuit held that the district court had jurisdiction because the Foreign Sovereign Immunities Act (FSIA) does not foreclose in rem civil‐forfeiture suits against a foreign state's property.In this case, however, the district court abused its discretion by sua sponte resolving the statute‐of‐limitations issue without providing defendants notice or an opportunity to defend themselves. Finally, an accompanying summary order considered and rejected defendants' additional challenges. Accordingly, the court affirmed in part, vacated in part, and remanded for further proceedings. View "United States v. Assa Co. Ltd." on Justia Law

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The Ninth Circuit affirmed the district court's grant of summary judgment to the museum in an action brought by plaintiff to recover artwork that was taken by the Nazis from her faither-in-law. The panel held that the Dutch government's transfer of the paintings and its later decisions about the conveyance were "sovereign acts" requiring application of the act of state doctrine. The panel applied the act of state doctrine here, because the relief sought by plaintiff would necessitate the court's declaring invalid at least three official acts of the Dutch government performed within its own territory. The panel also held that exceptions to the act of state doctrine did not apply and the policies underlying the doctrine supported its application in this case. View "Von Saher v. Norton Simon Museum of Art at Pasadena" on Justia Law

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Plaintiffs filed suit against the República Bolivariana de Venezuela and Petroquimica de Venezuela, S.A., alleging unlawful expropriation of their property in violation of international law. The district court dismissed the complaint for lack of subject-matter jurisdiction and denied their motion for leave nunc pro tunc to file an amended complaint. While the case was pending, the Supreme Court issued Bolivarian Republic of Venezuela, et al. v. Helmerich & Payne Int'l Drilling Co., 137 S. Ct. 1312 (2017), which detailed the showing that plaintiffs such as the ones in this case must make in order to have jurisdiction over a foreign state in United States courts under the expropriation (i.e., takings) exception of the Foreign Sovereign Immunities Act, 28 U.S.C. 1605(a)(3). The court remanded for the district court to permit plaintiffs to file an amended complaint and, after defendants have responded, to address whether the domestic takings rule applied and whether jurisdiction existed under the FSIA's expropriation exception. View "Comparelli v. Republica Bolivariana De Venezuela" on Justia Law

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The Ninth Circuit reversed the grant of summary judgment, on remand, in favor of TBC in an action under the Foreign Sovereign Immunities Act concerning a Camille Pissarro painting. The painting was forcibly taken from plaintiffs' great-grandmother by the Nazi government. The panel held that plaintiffs' claims were timely within the statute of limitations recently enacted by Congress to govern claims involving art expropriated during the Holocaust in the Holocaust Expropriated Art Recovery Act of 2016 (HEAR). The panel applied the Second Restatement of the Conflict of Laws to determine which state's substantive law applies in deciding the merits of this case, and held that the Second Restatement directed the panel to apply Spain's substantive law. The district court erred in deciding that, as matter of law, TBC had acquired title to the painting through Article 1955 of the Spanish Civil Code because there was a triable issue of fact whether TBC was an encubridor (an "accessory") within the meaning of Civil Code Article 1956. Finally, TBC was not entitled to summary judgment based on its laches defense; the great-grandmother's acceptance of the 1958 Settlement Agreement did not foreclose plaintiffs' claims; Spain's Historical Heritage Law does not prevent TBC from acquiring prescriptive title to the painting; and the district court correctly found that the application of Article 1955 to vest TBC with title to the painting would not violate the European Convention on Human Rights. View "Cassirer v. Thyssen-Bornemisza Collection Foundation" on Justia Law