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Case Citations [1] (July 2020 - April 2021)

handle is hein.ali/restfourpre0011 and id is 1 raw text is: THE FOREIGN RELATIONS LAW OF THE UNITED STATES 4TH: SELECTED TOPICS IN TREATIES, JURISDICTION, AND SOVEREIGN IMMUNITY Generally C.A.2, 2020. Cit. generally in ftn. In a dispute arising from foreclosure proceedings initiated by county against property owned by Indian tribe to collect unpaid real-estate taxes, this court affirmed the district court's finding that the proceedings were barred by tribal sovereign immunity, holding that the common- law exception to sovereign immunity for suits concerning immovable property did not apply. The court noted that, when describing the exception, courts had looked to the Restatement Second of Foreign Relations Law of the United States, which predated the enactment of the Foreign Sovereign Immunities Act, and that nothing in the Restatement Third or Restatement Fourth, which postdated the Act, appeared to alter the court's analysis. Cayuga Indian Nation of New York v. Seneca County, New York, 978 F.3d 829, 839. PART IV. JURISDICTION, STATE IMMUNITY, AND JUDGMENTS CHAPTER 1. PRESCRIPTION SUBCHAPTER A. EXERCISE OF PRESCRIPTIVE JURISDICTION BY THE UNITED STATES § 402. United States Practice with Respect to Jurisdiction to Prescribe Cal.2020. Cit. in sup. Airline pilot and flight attendants filed putative class actions in state court against employer, alleging that defendant violated California wage laws by failing to include its street address on wage statements, to provide at least two wage statements per month, and to include hourly rates and hours worked. After removal, the district court granted defendant's motion to dismiss. After consolidating the cases, the court of appeals certified questions to this court. This court held, inter alia, that the relevant California wage law applied to wage statements provided by out-of-state employers if plaintiffs worked a majority of their time in California or if their base-of-work operations was located in California. The court observed that, under Restatement Fourth of Foreign Relations Law § 402, legislatures could regulate activities beyond their territorial borders in appropriate circumstances such as here, where legislative intent underlying the wage laws indicated an intent to protect transportation- industry workers even if the nature of their work prevented them from performing the majority of their labor within state borders. Ward v. United Airlines, Inc., 466 P.3d 309, 317. COPYRIGHT ©2021 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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