· 6/15/1990
Foremost-Mckesson, Inc. v. The Islamic Republic of Iran
Citations
- 905 F.2d 438
- 284 U.S. App. D.C. 333
- 1990 U.S. App. LEXIS 9604
- 1990 WL 80407
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 foreign state is responsible for the actions of a commercial entity if it \exercise[s] the necessary degree of control over [it] to create a principal/agent relationship\
- holding that a foreign state is responsible for the actions of a commercial entity if it “exercise[s] the necessary degree of control over [it] to create a prineipal/agent relationship”
- holding that defendant waived a constitutional objection to personal jurisdiction where it raised only a statutory objection before the district court
- holding that a district court must consider whether a foreign state “so dominated the operations of the” corporate entity that a principal-agent relationship existed
- holding that a sovereign has impliedly waived its immunity when it makes a “conscious decision to take part in the litigation and [fails] to raise sovereign immunity despite the opportunity to do so”
- observing that sovereign immunity confers not merely a defense against liability but a right not to be tried
Source: CourtListener parenthetical corpus (CC0).
Judges: Edwards, Robinson, Revercomb
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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