Justia International Law Opinion Summaries

Articles Posted in US Court of Appeals for the Federal Circuit
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Alimanestianu, a U.S. citizen, was killed in the 1989 bombing of Flight 772 by the Abu Nidal Organization. The State Department determined that the Libyan government sponsored the bombing. Libya was protected from suit in the U.S. under the Foreign Sovereign Immunities Act (FSIA); in 1996, FSIA was amended to permit claims for personal injury or death caused by acts of foreign sovereigns designated as state sponsors of terrorism, 28 U.S.C. 1605(a)(7). Libya had been designated in 1979. In 2002, the Alimanestianus and others sued Libya and obtained summary judgment in 2008, awarding $6.9 billion in total; the Alimanestianus received $1.297 billion. While the defendants appealed, the United States entered into a Claims Settlement Agreement with Libya. Libya agreed to deposit $1.5 billion into a humanitarian fund, $681 million of which was for claims by U.S. nationals for wrongful death or physical injury in pending case as “a full and final settlement.” The Foreign Claims Settlement Commission subsequently awarded the Alimanestianus $10 million. The Federal Circuit rejected a claim that vacating their judgment constituted a compensable taking. The court considered the Penn Central factors: the Executive has an overwhelming interest in conducting foreign affairs; the plaintiffs have no evidence that they had an investment-backed expectation in their claims and nonfinal judgment; plaintiffs’ claim that the Commission’s award was less than their nonfinal judgment does not refute that they received more than they would have without government action. View "Alimanesianu v. United States" on Justia Law

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In 1985, EgyptAir Flight 648 was hijacked by terrorists, who killed passengers and destroyed the aircraft. The U.S. State Department determined that the terrorists received support from the Libyan government. In 1988, a Libyan Intelligence Service agent detonated explosives on Pan Am Flight 103, killing 270 people and destroying the aircraft. Insurers paid $97 million in claims. Libya was shielded by the Foreign Sovereign Immunities Act (FSIA), 28 U.S.C. 1604, before enactment of the 1996 State Sponsors of Terrorism Exception to FSIA, 28 U.S.C. 1605(a)(7). The insurers sued, asserting their insurance subrogation rights. While those claims were pending, President Bush negotiated a settlement with Libya, The U.S. agreed to terminate pending lawsuits; Libya paid the government $1.5 billion, which funded the Foreign Claims Settlement Commission. The Libyan Claims Resolution Act, 122 Stat. 2999, provides that Libya shall not be subject to the FSIA exceptions. The insurers’ suit was dismissed. Some of the insurers submitted claims with the Commission, which were denied because of a rule requiring that claimants be U.S. nationals from the date of injury to the date of the espousal of their claims by the U.S. They then sued, alleging that the government took their property without just compensation. The Federal Circuit affirmed summary judgment in favor of the government. The insurers “cannot claim an investment-backed expectation free of government involvement nor can they characterize the Government’s action as novel or unexpected.” View "Aviation & General Isurance Co., Ltd. v. United States" on Justia Law

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A U.S. Department of Commerce regulation states: “The Secretary will rescind an administrative review ... if a party that requested a review withdraws the request within 90 days of the date of publication of notice ... The Secretary may extend this time limit if the Secretary decides that it is reasonable to do so,” 19 C.F.R. 351.213(d)(1). In 2011, Commerce announced in a published guidance document that parties seeking untimely withdrawals would no longer be able to get an extension based on what might be reasonable under the circumstances in light of the concerns previously identified and employed by Commerce, but would have to demonstrate the existence of an “extraordinary circumstance.” Commerce applied the 2011 guidance in the Glycine case. The Court of International Trade remanded, invalidating the change in methodology. Commerce, under protest, extended the deadline for Glycine to withdraw its request for administrative review of an antidumping order and rescinded the review. The Trade Court and Federal Circuit affirmed. Since the 2011 Notice was intended to effectively rewrite the substantive meaning of the regulation without going through the necessary notice-and-comment rulemaking, it has no legal standing. The Administrative Procedure Act, 5 U.S.C. 551, does not permit amendment of an agency regulation, previously adopted by formal notice-and-comment rulemaking procedure, by a guidance document that is not so enacted. View "Glycine & More, Inc. v. United States" on Justia Law

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Stellar and Allied are American companies. Stellar sent Allied's Mexican distributors notice letters accusing them of infringing Stellar’s Mexican Patent. Allied manufactures the accused products in the U.S., which are then sold in Mexico by the distributors. Allied sells the same product in the U.S. under a different name. Allied’s U.S. counsel responded to Stellar’s notice letters on behalf of the distributors, arguing that the products did not infringe. Stellar did not respond but filed infringement actions in Mexico. Allied then sought a declaratory judgment against Stellar in the Southern District of Florida, of non-infringement, invalidity, unenforceability due to inequitable conduct, and tortious interference with business relationships. The district court dismissed for lack of subject matter jurisdiction, stating: “Stellar’s decision to enforce its Mexican patent under Mexican law against separate entities cannot, without further affirmative action by Stellar, create an actual controversy with Allied with regard to its U.S. Patent,” and that the complaint was “devoid of any allegations that Stellar has done anything to give Allied a reasonable belief that Stellar intends to enforce its 974 Patent in the United States.” The Federal Circuit affirmed. Stellar’s actions do not create a justiciable case or controversy. View "Allied Mineral Products, Inc. v. OSMI, Inc." on Justia Law