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Case Citations [i] (Fall 2023)

handle is hein.ali/resfrlus0052 and id is 1 raw text is: THE AMERICAN LAW INSTITUTE Fall 2023 Citations FOREIGN RELATIONS LAW OF THE UNITED STATES 2D CHAPTER 4. IMMUNITIES FROM JURISDICTION TOPIC 2. IMMUNITIES OF FOREIGN STATE § 66. Applicability of Immunity of Foreign State C.A.3, 2022. Subsec. (f) cit. in ftn. Father, on behalf of minor son who was a United States citizen, sued, among others, current and former Crown Princes of Saudi Arabia, seeking to recover defendants' alleged debt to father's business, which was later assigned to son, related to an oil refinery in Saint Lucia. The district court granted defendants' motion to dismiss. While vacating and remanding with directions, this court held that the dismissal of the Crown Princes was warranted for lack of personal jurisdiction. The court declined to resolve whether the Crown Princes were entitled to governmental immunity, noting that, while the U.S. Department of State's policy was to grant immunity to foreign officials for any actions taken in their official capacity, Restatement Second of Foreign Relations Law § 66 was more restrictive, and limited immunity to acts of a public minister, official, or agent of a foreign state performed in an official capacity if the effect of exercising jurisdiction would be to enforce a rule of law against the state. Aldossari on Behalf of Aldossari v. Ripp, 49 F.4th 236, 256. CHAPTER 3. INJURIES TO ECONOMIC INTERESTS OF ALIENS TOPIC 2. TAKING OF PROPERTY § 185. When Taking is Wrongful under International Law D.D.C.2022. Quot. in case quot. in sup. Grandchildren of Jewish Austrian decedent sued the Federal Republic of Germany, alleging that defendant was in wrongful possession of rent and sale proceeds related to a building in Berlin that was owned by decedent before it was expropriated by the Nazi regime. This court denied defendant's motion to dismiss on grounds of sovereign immunity pursuant to the Foreign Sovereign Immunities Act, holding that defendant was not immune from suit under the expropriation exception. The court reasoned, in part, that plaintiffs sufficiently alleged that the expropriation did not constitute a domestic taking, because decedent was not a national of Germany, and COPYRIGHT C2023 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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