Fourth Circuit: Almaz Nezirovic v. Gerald Holt

Extradition to Serbia not barred by Statute of Limitations, as comparator Federal statute has no SOL.

Given that alleged victims were civilians, totality of circumstances means that the political offenses exception in the treaty doesn't apply.

Almaz Nezirovic v. Gerald Holt

Fourth Circuit -- Unspam Technologies, Inc. v. Andrey Chernuk

FRCP --

Conclusory allegations of conspiracy do not justify exercise of personal jurisdiction over foreign banks.

No "arising under" jurisdiction absent proof of minimum contacts.


Unspam Technologies, Inc. v. Andrey Chernuk

First Circuit -- Rubin v. Harvard University

Plaintiffs cannot attach articles in a museum, as the foreign sovereign with an interest in the articles has not formally asserted that interest, and so the articles are not reachable under the statutory carve-out to the FSIA.

Rubin v. Harvard University 

Fifth Circuit -- Republic of Ecuador, et al v. John Connor, et al

Intervenor corporation cannot block Federal discovery order in international arbitration, as it has argued to its profit elsewhere that the proceeding is an international tribunal and therefore qualifies for such things.

Republic of Ecuador, et al v. John Connor, et al

Second Circuit -- Ozaltin v. Ozaltin

Federal law creates a private right of action to enforce Hague Convention access rights.  Circuit split flagged.

Awards of fees in such cases are discretionary.

Ozaltin v. Ozaltin

Tenth Circuit -- Hansen v. PT Bank Negara Indonesia

Website of foreign bank not self-authenticating.

No jurisdiction under Foreign Sovereign Immunity Act, as all of the transactions were fraudulent, and therefore, no commercial activity with direct effects.

Hansen v. PT Bank Negara Indonesia

DC Circuit -- Vernon Earle v. DC

S1983 Vienna Convention consular notification claim accrues with arrest.  It is not ongoing, neither is it tolled on the basis of fraudulent concealment of the right.

Vernon Earle v. DC

Fourth Circuit -- US v. Osama Ayesh

Extraterritorial application of fraud statutes comported with the statutes and with due process.

Statements made during 5 hour interrogation after 19 hour (non-custodial) plane flight were voluntary for Miranda purposes.

Sufficient evidence for fraud conviction even where the government eventually received the services - diversion of the funds with intent suffices.

US v. Osama Ayesh

Second Circuit -- Konowaloff v. Metropolitan Museum of Art

Claim properly dismissed on 12(b)6, as it was clear from the face of the pleadings that the Act of State doctrine barred the suit.

When a successor government does not repudiate a seizure of its predecessor, challenge to the seizure is still barred under the Act of State doctrine.

Konowaloff v. Metropolitan Museum of Art

DC Circuit -- Khairulla Khairkhwa v. Barack Obama

No clear error in District Court's holding that petitioner, a former provincial Governor was more likely than not a part of the Taliban forces.

Khairulla Khairkhwa v. Barack Obama

Second Circuit -- United States v. Robinson

TVPA trafficking statute has three classes of culpability - knowledge; reckless disregard; opportunity to observe.

Sufficient evidence.

Recordings of phone calls with other criminal contacts  were not inadmissible as other bad acts, as the contextualized the contacts in the present case.  Same for threatening phone calls to person in present case.

Sentence procedurally reasonable.

Concur in J: Scienter terms in statute means that "opportunity to observe" should still have mens rea requirement.

United States v. Robinson

Federal Circuit -- TIANRUI GROUP CO v. ITC

International Trade Commission can investigate and grant relief based on extraterritorial conduct in violation of trade secret regulations of the Tarriff Act.

Dissent: No, it can't.

TIANRUI GROUP CO v. ITC

Seventh Circuit -- Minn-Chem, Incorpora v. Agrium Inco

Complaint alleging potash price fixing insufficiently pleaded to qualify for direct effects exception in Foreign Trade Antitrust Improvements Act.  The Act therefore bars the suit.

Minn-Chem, Incorpora v. Agrium Incorp.

Eleventh Circuit -- Odyssey Marine Exploration, Inc. v. Kingdon of Spain

Wrecked Spanish warship immune from arrest under the Foreign Sovereign Immunity Act.

Odyssey Marine Exploration, Inc. v. Kingdon of Spain

Fourth Circuit -- Mohammed Aziz v. Alcolac, Incorporated

Torture Victims Protection Act does not apply to corporations.

Plain language of Act.

Aiding and Abetting covered by Alien Tort Statute.

Requisite intent standard from the Rome Statute.


Mohammed Aziz v. Alcolac, Incorporated

DC Circuit -- Shawali Khan v. Barack Obama

Guantanamo habeus -- No error in District Court's assessment of veracity of intelligence reports, inmate properly detained under AUMF.


Shawali Khan v. Barack Obama

Seventh Circuit -- Magnus Norinder v. Sharon Fuentes

No clear error in holding that a place the family moved to when the child was five months old is their habitual residence.

No abuse of discretion in District Court's expedited discovery schedule.

No abuse of discretion in the award of fees.

Magnus Norinder v. Sharon Fuentes

Seventh Circuit -- Saad Sarhan v. Eric Holder, Jr.

Denial of withholding of removal was error, as Jordanian woman subject to "honor killing" upon return is a member of a particular social group - Jordainian women accused of illicit activities.  

No deference to BIA, as nonprecedential finding.

Also references Convention Against Torture.

Saad Sarhan v. Eric Holder, Jr.

Seventh Circuit -- USA v. Buruji Kashamu

Foreign magistrate's finding in extradition proceedings that there was insufficient evidence to extradite (as deft's brother might have committed the crimes) does not collaterally estop US from continuing to attempt to extradite him from other nations.

USA v. Buruji Kashamu

Eleventh Circuit -- Lindo v. NCL (BAHAMAS), LTD.

Contract term mandating arbitration in Nicaragua (under Bahamian law) of Jones Act claims enforced as not against public policy.

Strong presumption for arbitration clause enforcement.

Statutory claims are arbitrable.

Not unconscionable agreement.

Pubic policy defense is to be made at time arbitration award, not time of compelling arbitration.

No subject-matter exception for arbitrating Jones Act claims.  

Dissent: prospective waiver of statutory rights violates public policy.

Lindo v. NCL (BAHAMAS), LTD.