· 4/17/1991
David Shapiro v. The Republic of Bolivia, the Bolivian Air Force and the Central Bank of Bolivia
Citations
- 930 F.2d 1013
- 19 Fed. R. Serv. 3d 1172
- 1991 U.S. App. LEXIS 6722
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- indicating that a foreign state’s filing of two prior actions in federal court for the return of notes it had issued were “distinct from the instant litigation,” which involved a bona fide purchaser’s attempt to collect on one such note
- explaining that while “Congress left it to the courts to define the contours of ‘substantial contact’ between a foreign state’s commercial activity and the United States,”-Congress “elear[ly] ... intended a tighter nexus than the ‘minimum contacts’ standard for due process”
- rejecting argument that “a suit by a foreign sovereign in a United States court with respect to a particular matter constitutes a waiver of immunity from jurisdiction as to associated claims.”
- noting that legislative history of § 1605(a)(1
- “Under the FSIA . . . personal jurisdiction equals subject matter jurisdiction plus valid service of process.”
- “[U]nless one of the statutory exceptions applies, a federal court is without subject matter jurisdiction to hear the instant action.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Altimari, Wexler, 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.