· 2/6/1984
Canadian Overseas Ores Limited, Plaintiff-Appellant-Cross-Appellee v. Compania De Acero Del Pacifico S.A., Defendant-Appellee-Cross-Appellant
Citations
- 727 F.2d 274
- 38 Fed. R. Serv. 2d 899
- 1984 U.S. App. LEXIS 25737
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that the filing of various motions, including motions to dismiss, does not waive the defense
- describing a responsive pleading as \the point of no return for asserting foreign sovereign immunity\
- finding no waiver of sovereign immunity where foreign state engaged in motion practice but had not yet filed responsive pleading
- describing a responsive pleading as “the point of no return for asserting foreign sovereign immunity”
- “[W]e refuse to hold that the filing of a variety of motions, including a motion to dismiss, automatically waives the defense [of foreign sovereign immunity].”
- \sovereign immunity is an ‘affirmative defense which must be specifically pleaded'\
Source: CourtListener parenthetical corpus (CC0).
Judges: Lumbard, Pratt, Winter
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.