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Case Citations [1] (July 2018 through April 2019)

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    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

  § 41. Act of Foreign State: General Rule

  C.A.9, 2018. Com. (d) quot. in sup. In a dispute over the ownership of two Renaissance paintings that
  were taken from Dutch art dealers by Nazis, returned to the Dutch government after World War II,
  claimed by an alleged rightful owner, and then sold to a California museum, art dealers' heir sued
  museum, seeking to recover the paintings. The district court granted summary judgment for museum.
  Affirming on other grounds, this court held that the Dutch government's conveyance of the paintings to
  the alleged rightful owner was valid under the act-of-state doctrine, because to hold otherwise would
  require the court to nullify official acts of the Dutch government, including a prior Dutch Court of
  Appeals decision that denied the restoration of heirs' rights in the paintings. The court cited Restatement
  Second of Foreign Relations Law § 41 in noting that, even if it considered the Dutch ruling to be a
  foreign court judgment rather than an agency adjudication, such judgments were treated as acts of state
  when, as here, they gave effect to the public interest of the government. Von Saher v. Norton Simon
  Museum of Art at Pasadena, 897 F.3d 1141, 1152.



                      CHAPTER 4. IMMUNITIES FROM JURISDICTION

                        TOPIC 2. IMMUNITIES OF FOREIGN STATE

  § 66. Applicability of Immunity of Foreign State

  D.D.C.2018. Subsec. (f) quot. in case quot. in sup., cit. in case cit. in ftn. Nigerian nationals brought an
  action under the Alien Tort Statute and Torture Victims Protection Act against members of the Nigerian
  government, military, and police, alleging that defendants tortured and killed Nigerian protestors in
  Nigeria. This court granted defendants' motion to dismiss, holding that the court lacked personal
  jurisdiction over defendants and that defendants had foreign-official immunity. The court cited
  Restatement Second of Foreign Relations Law § 66 to describe the legal doctrine of conduct-based
  immunity, explaining that conduct-based immunity was available to a foreign official if exercising the
  court's jurisdiction over the official would amount to enforcing a rule of law against a foreign state. Doe
  1 v. Buratai, 318 F.Supp.3d 218, 230-232.

                            COPYRIGHT 02019 By THE AMERICAN LAW INSTITUTE
                                         All rights reserved
AgI                                Printed in the United States of America
           For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination.

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