Fagot Rodriguez v. Republic of Costa Rica

How courts have described this case

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

• holding that where foreign government conduct “is a matter of choice” or “involves an element of judgment,” immunity is not waived under the Foreign Sovereign Immunity Act’s tortious activity exception, 28 U.S.C. § 1605(a)(5)
• applying the two-part Berkovitz test to the FSIA’s discretionary function exception
• “[E]ntering into a contract for lease of property constitutes 16 ‘commercial activity.’”
• applying the two- part Berkovitz test to the FSIA’s discretionary function exception
• applying the two-part Berkovitz test to the FSIA's discretionary function exception
• “A general obligation to avoid unlawful activity— applicable to everyone in the United States—is hardly sufficient to remove all room for choice.”

Source: CourtListener parenthetical corpus (CC0).