A. Kemp Fisheries, Inc. v. Castle & Cooke, Inc.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that a purported foreign-state actor's apparent authority may suffice to allow a plaintiff to proceed under the FSIA
• reasoning that “[plaintiff]’s rights must be protected, for there is some evidence that [defendant] responded to this lawsuit only when [plaintiff] began to grasp its assets”
• conditioning vacatur on defendant posting a bond because there was “evidence that Antigua responded to this lawsuit only when First Fidelity began to grasp its assets”
• identifying “[t]he question . . . whether [an agent] . . . possessed the apparent authority . . . to waive . . . sovereign immunity” as a “factual inquiry into the principal’s manifestations to third persons”
• ‘‘[t]he appointment of a person to a position with generally recognized duties may create apparent authority’’
• “The FSIA begins with a presumption of immunity which the plaintiff must overcome by showing that the defendant sovereign’s activity falls under one of the statutory exceptions.”

Source: CourtListener parenthetical corpus (CC0).