Articles Posted in U.S. Court of Appeals for the Eleventh Circuit

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This case involved a contract dispute arising out of the lease of telecommunications equipment by GDG to the Government of Belize. In this appeal, the Government challenged the district court's denial of its motion to dismiss. The court concluded that the Government waived its sovereign immunity. In this case, the Government claimed that the express waiver of sovereign immunity contained in the contract was ineffectual because its Minister of Budget Management, who negotiated and signed the contract on its behalf, lacked the authority to waive sovereign immunity. The court explained that, despite the Minister's claimed lack of authority to bind Belize, the Government ratified the actions by fully performing its contract obligations during the lease term and paying approximately $13.5 million in forty separate payments over a period of nearly six years and spanning two different administrations. Therefore, the court reasoned that the Government's conduct intended it to be bound by the contract and affirmed the district court's denial of the Government's motion to dismiss. View "GDG Acquisitions LLC v. Government of Belize" on Justia Law

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Plaintiff, a United States citizen, worked as the lead trumpeter on a passenger Royal Caribbean cruise ship. The ship is a Bahamian flagged vessel with a home port in Fort Lauderdale, Florida. Royal Caribbean, the operator of the vessel, is a Liberian corporation with its principal place of business in Florida. After plaintiff became ill while working for Royal Caribbean, he filed suit alleging unseaworthiness, negligence, negligence under the Jones Act, maintenance and cure, and seaman’s wages and penalties. Royal Caribbean moved to compel arbitration, and the district court granted the motion. This appeal presents an issue of first impression: whether a seaman’s work in international waters on a cruise ship that calls on foreign ports constitutes “performance . . . abroad” under the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards, 9 U.S.C. 202. The Convention makes enforceable an arbitration agreement between United States citizens if their contractual relationship “envisages performance . . . abroad.” The court affirmed the order compelling arbitration of the dispute because a seaman works abroad when traveling in international waters to or from a foreign state. View "Alberts v. Royal Caribbean Cruises, Ltd." on Justia Law

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After ending their marriage, Ex-Wife and Ex-Husband commenced proceedings in the Moscow Court for division of marital assets. In the Russian Dispute, Ex-Wife claimed that Ex-Husband was concealing and dissipating marital assets through and with the assistance of “offshore companies” around the world. In the United States, Ex-Wife sought information from Gabriella Pugh and her employer in Atlanta, Georgia - Trident - that she expected would reveal Ex-Husband’s beneficial ownership of Bahamian corporation, Tripleton. On referral, the Magistrate Judge granted Ex-Wife's ex parte Application for Judicial Assistance and authorized service of two subpoenas. In these consolidated appeals, Trident challenges the district court's order allowing discovery pursuant to 28 U.S.C. 1782 (Appeal No. 15-13008 (“First Appeal”)) and imposing contempt sanctions (Appeal No. 15-15066 (“Second Appeal”)). The court agreed with the district court that the location of responsive documents and electronically stored information - to the extent a physical location can be discerned in this digital age - does not establish a per se bar to discovery under section 1782; having rejected the Extraterritoriality Argument, the court agreed with the district court that significant “circumstantial evidence” established that Trident Atlanta had “control” over responsive documents in the physical possession or custody of Trident Bahamas; and therefore the court affirmed as to the First Appeal. The court rejected Trident Atlanta's frivolous jurisdictional argument; the Contempt Order is supported by the evidence; and therefore the court affirmed the Second Appeal. View "Sergeeva v. Tripleton Int'l Ltd." on Justia Law

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Plaintiffs, heirs to eight civilians killed in 2003 by Bolivian troops, filed suit under the Torture Victim Protection Act (TVPA), 28 U.S.C. 1350, seeking damages and fees. In this case, plaintiffs have exhausted all of their available Bolivian remedies. They received some compensation through those remedies but not nearly as much as they claim is necessary to fully compensate them for their losses. Defendants sought certification for an interlocutory appeal on two issues: (1) whether the exhaustion requirement in section 2(b) of the TVPA bars plaintiffs’ claims, and (2) whether plaintiffs have failed to state claims for relief under the TVPA. The court answered the first certified question in the negative and affirmed the part of the district court’s order denying defendant’s motion to dismiss the TVPA claims on exhaustion grounds. The court concluded that section 2(b)’s exhaustion requirement does not bar a TVPA suit by a claimant who has successfully exhausted her remedies in the foreign state. The court exercised its discretion not to decide the second certified issue, which is actually a cluster of multiple issues involving the claims of multiple plaintiffs against the two defendants. View "Mamani v. Sanchez Berzain" on Justia Law

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The Convention on the Recognition and Enforcement of Foreign Arbitral Awards, T.I.A.S. No. 6997, 21 U.S.T. 2517, requires signatory states to recognize written arbitration agreements “concerning a subject matter capable of settlement by arbitration.” In this appeal, the court addressed an issue of first impression for the Circuit: whether a cruise ship employee who is injured on the job, and whose employment contract contains an arbitration agreement governed by the New York Convention and Chapter 2 of the Federal Arbitration Act, 9 U.S.C. 201, can bar arbitration by showing that high costs may prevent him from effectively vindicating his federal statutory rights in the arbitral forum. The court concluded that it need not definitely answer this question because, even if the court were to assume that plaintiff could raise a cost-based (public policy) defense in response to NCL's motion to compel arbitration, on this record he has plainly failed to establish that the costs of arbitration would preclude him from arbitrating his federal statutory claims. Therefore, the court affirmed the district court’s order compelling the parties to arbitrate. However, the court denied defendant's motion for sanctions. View "Suazo v. NCL (Bahamas), Ltd." on Justia Law