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Case Citations [1] (April 2022 - August 2022)

handle is hein.ali/resfrlus0050 and id is 1 raw text is: THE AMERICAN LAW INSTITUTE FOREIGN RELATIONS LAW OF THE UNITED STATES 2D PART I. JURISDICTION CHAPTER 4. IMMUNITIES FROM JURISDICTION TOPIC 2. IMMUNITIES OF FOREIGN STATE § 66. Applicability of Immunity of Foreign State C.A.9, 2021. Cit. in case cit. in disc. Provider of encrypted-communications application and parent company sued foreign corporation, alleging that defendant accessed plaintiffs' servers without consent in order to send surveillance malware to users of plaintiffs' application. The district court denied defendant's motion to dismiss. This court affirmed, holding that defendant was not entitled to foreign sovereign immunity, because it was not a foreign state under the Foreign Sovereign Immunities Act, and its provision of surveillance technology to foreign governments did not render it an agent of a foreign state. The court noted that the district court cited Restatement Second of Foreign Relations Law § 66 in finding that defendant was not entitled to common-law conduct-based foreign sovereign immunity, because it failed to show that exercising jurisdiction over it would enforce a rule of law against a foreign state. WhatsApp Inc. v. NSO Group Technologies Limited, 17 F.4th 930, 934. E.D.Pa.2021. Cit. in sup.; subsec. (b) cit. in sup.; subsec. (f) cit. in sup., cit. in case cit. in sup. Heir of deceased oil-company owner, on behalf of heir's minor son, sued, among others, crown prince of Saudi Arabia, alleging that defendant tortiously interfered with an agreement between decedent and oil- industry companies to construct and finance an oil refinery, because defendant arrested the preceding crown prince, seized his assets, and prevented him from paying profits from the agreement to decedent. This court granted defendant's motion to dismiss, holding that defendant was entitled to conduct-based official immunity against plaintiff's claims. Citing Restatement Second of Foreign Relations Law § 66, the court explained that defendant was a public official of Saudi Arabia who arrested the preceding crown prince in his official capacity, and enforcing a judgment against defendant for such official acts would constitute enforcement of a judgment on a foreign state. Aldossari on behalf of Aldossari v. Ripp, 537 F.Supp.3d 828, 848, 850, 851. COPYRIGHT C2022 By THE AMERICAN LAW INSTITUTE All rights reserved 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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