About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

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

handle is hein.ali/refoforrel0013 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.

What Is HeinOnline?

HeinOnline is a subscription-based resource containing nearly 3,000 academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Already a HeinOnline Subscriber?

profiles profiles most