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Case Citations [1] (July 2021 - April 2022)

handle is hein.ali/restfrus4208 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, 2021. Cit. generally in ftn. Art collectors who resided in Colorado sued Swiss government agencies, among others, seeking a declaratory judgment regarding their title to artifacts that they had engaged a Swiss art gallery to sell on their behalf, after defendants seized those and other artifacts as part of a criminal investigation of the gallery's owners, who were suspected of receiving stolen goods, illegally trafficking in cultural property, and evading Swiss import taxes. The district court dismissed under the Foreign Sovereign Immunities Act. Affirming, this court held that the Act's expropriation exception did not apply under Restatement Fourth of Foreign Relations Law § 455, because plaintiffs' artifacts were legally seized incident to a valid law-enforcement investigation. The court noted that, while the Restatement was not a primary source of authority, courts consulted the Restatement when interpreting the Act and addressing international law. Beierwaltes v. L'Office Federale De La Culture De La Confederation Suisse, 999 F.3d 808, 820. PART III. STATUS OF TREATIES IN U.S. LAW § 310. Self-Executing and Non-Self-Executing Treaty Provisions D.D.C.2020. Com. (b) quot. in sup. Physicians brought a putative class action against international organization affiliated with the World Health Organization, alleging, inter alia, that defendant violated the Trafficking Victims Protection Act when it forcibly provided, or knowingly benefited from others having provided, plaintiffs' medical services in foreign countries. This court denied in part defendant's motion to dismiss, holding that plaintiffs' claims under the Act were not barred by immunity conferred by the United Nations Charter, because the Charter was not mandatory and self-executing such that it had the effect of domestic law. Citing Restatement Fourth of Foreign Relations Law § 310, Comment b, the court explained that the provision of the relevant articles of the Charter indicating that defendant shall enjoy immunities was a necessary but insufficient condition for a finding that the provision granting immunities was self-executing, and language elsewhere in the articles left it to the discretion of the United States whether or not to implement those provisions. Rodriguez v. Pan American Health Organization, 502 F.Supp.3d 200, 224. E.D.Tex.2021. Com. (b) quot. in sup. Airline customers sued airline and aircraft manufacturer, alleging that defendants colluded to cover up fatal defects in manufacturer's aircraft and to encourage public confidence to fly aboard the aircraft while aware of the defects. This court granted customers' motion to COPYRIGHT ©2022 By THE AMERICAN LAW INSTITUTE All rights reserved A --1 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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