For Your Data Antares Aircraft, L.P. V. Federal Democracy Of Nigeria Example Brief
September 10, 2019
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Antares Aircraft, L.P. v. Federal Republic of Nigeria instance brief summary
999 F.2d 33 (1993)
CASE FACTS
Appellant aircraft company's sole property was an aircraft registered inwards appellee unusual country. Purportedly because a onetime lessee of the storey had non paid surely aerodrome fees, the bird was detained at appellee airport. Appellant sent payments from a New York banking company account. Most of the coin was sent to appellee unusual province in addition to paid inwards their currency. The storey was released only it had suffered physical harm every bit a outcome of exposure to the elements. Appellant brought an activity for damages against appellees for the wrongful detention of its aircraft. The district courtroom granted appellees' displace to dismiss the electrical load for lack of plain of written report thing jurisdiction, in addition to the courtroom affirmed.
DISCUSSION
CONCLUSION
On remand, the appellate courtroom affirmed for a minute fourth dimension the district court's grant of appellee unusual fellowship in addition to airport's displace to dismiss appellant aircraft company's activity for wrongful detention of its aircraft. The courtroom works life that at that topographic point was no straight trial of defendant's legally meaning comport inwards the U.S.A. of America in addition to the statutory commercial activity exception of the Sovereign Immunities Act of 1976 did non apply.
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999 F.2d 33 (1993)
CASE SYNOPSIS
The Supreme Court (New York) vacated a determination granting a displace to dismiss for lack of plain of written report thing jurisdiction pursuant to the Foreign Sovereign Immunities Act of 1976, 28 U.S.C.S. § 1602 et seq., in addition to remanded for farther consideration inwards appellant aircraft company's activity for damages for a purported wrongful detention of its aircraft.CASE FACTS
Appellant aircraft company's sole property was an aircraft registered inwards appellee unusual country. Purportedly because a onetime lessee of the storey had non paid surely aerodrome fees, the bird was detained at appellee airport. Appellant sent payments from a New York banking company account. Most of the coin was sent to appellee unusual province in addition to paid inwards their currency. The storey was released only it had suffered physical harm every bit a outcome of exposure to the elements. Appellant brought an activity for damages against appellees for the wrongful detention of its aircraft. The district courtroom granted appellees' displace to dismiss the electrical load for lack of plain of written report thing jurisdiction, in addition to the courtroom affirmed.
DISCUSSION
- The supreme courtroom vacated the court's determination in addition to remanded for farther consideration.
- Upon reconsideration, the courtroom i time again affirmed because at that topographic point was no straight trial of appellees' legally meaning comport inwards the U.S.A. of America every bit the aircraft was located inwards appellee province in addition to the tort occurred inwards appellee country, in addition to the commercial activity exception of the Foreign Sovereign Immunities Act of 1976 (FSIA), 28 U.S.C.S. §§ 1602-1611, did non apply.
CONCLUSION
On remand, the appellate courtroom affirmed for a minute fourth dimension the district court's grant of appellee unusual fellowship in addition to airport's displace to dismiss appellant aircraft company's activity for wrongful detention of its aircraft. The courtroom works life that at that topographic point was no straight trial of defendant's legally meaning comport inwards the U.S.A. of America in addition to the statutory commercial activity exception of the Sovereign Immunities Act of 1976 did non apply.
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