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Case Citations (March 2016 through June 2016) [i] (2016)

handle is hein.ali/resfrlus0040 and id is 1 raw text is: THE FOREIGN RELATIONS LAW OF THE UNITED STATES 2D PART I. JURISDICTION CHAPTER 3. RESOLUTION AND AVOIDANCE OF CONFLICTS OF JURISDICTION TOPIC 1. CONFLICTS ARISING FROM EXISTENCE OF CONCURRENT JURISDICTION TO PRESCRIBE AND ENFORCE TITLE C. ACTS OF FOREIGN STATES: LAW OF UNITED STATES § 43. Act of Foreign State Affecting Interests Outside its Territory D.Mass.2015. Subsec. (2) cit. in case quot. in sup. (erron. cit. as § 46). Decedent's family and estate, who had obtained a Florida state-court default judgment against the Republic of Cuba in connection with decedent's wrongful death and personal injuries, sought turnover of securities accounts, held by a Massachusetts entity, that were originally opened by Cuban nationals but later nationalized under Cuban laws. After granting plaintiffs' initial ex parte motion for turnover, this court granted a motion for reconsideration filed by the United States, holding that the accounts were not the property of Cuba and thus were not subject to attachment and execution to satisfy plaintiffs' default judgment. Citing Restatement Second of Foreign Relations § 46, the court concluded that it would not enforce Cuban expropriation laws extraterritorially, because doing so would not further the policy of the Terrorism Risk Insurance Act and would violate the Fifth Amendment policy against takings without compensation. Villoldo v. Ruz, 113 F.Supp.3d 435, 439. CHAPTER 4. IMMUNITIES FROM JURISDICTION TOPIC 2. IMMUNITIES OF FOREIGN STATE § 66. Applicability of Immunity of Foreign State S.D.N.Y.2015. Subsec. (f) quot. in case quot. in ftn. As part of an action against Chinese bank, family members of individuals who were injured and killed in a suicide bombing in Israel sought to depose former Israeli government official, alleging that official had information to support plaintiffs' claim that China had pressured Israel to withdraw its support for plaintiffs' deposition of a former Israeli national- security officer. This court denied plaintiffs' motion to subpoena official, holding that officer was immune from compelled testimony. Citing Restatement Second of Foreign Relations Law § 66(f), the court explained that officer was not required to give testimony regarding a phone call that he placed to plaintiffs' counsel to discuss the possibility of settlement in a related case, during which he described the -A l For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination.

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