· 6/11/1992
Arriba Limited v. Petroleos Mexicanos, A/K/A Pemex
Citations
- 962 F.2d 528
- 1992 U.S. App. LEXIS 13105
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting that jurisdictional discovery is generally only available in the immunity context if the applicability of an immunity turns on a fact question
- observing the “tension between permitting discovery to substantiate exceptions to statutory foreign sovereign immunity and protecting a sovereign’s or sovereign agency’s legitimate claim to immunity from discovery”
- doing the same to determine whether the district court had jurisdiction to conduct a garnishment proceeding against a foreign instrumentality, where the purported basis for jurisdiction was solely the actions of the instrumentality's agents
- “the commercial activity that provides the jurisdictional nexus with the United States must also be the activity on which the lawsuit is based” (internal quotation marks and citation omitted)
- \Isolated or unrelated commercial actions by a foreign sovereign in the United States do not authorize the exception.\
- “[B]eeause Arriba’s allegations do not satisfy Bancec, permitting discovery will not cure the FSIA jurisdictional discovery.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Davis, Emilio, Garza, Jones
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.