Guzzardo v. United States

How courts have described this case

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

• concluding that Congress intended for the commercial activity exception to apply “only in cases of actual authority”
• establishing that a foreign state can conduct commercial activity through its agents
• “Because a foreign state acts through its agents, an agent’s deed . . . constitutes activity ‘of the foreign state.’ ”
• “Defendants should be permitted to argue . . . that they did not act: that there was no commercial activity of the foreign state.”
• “Because Phaneuf offered evidence that the commercial activity exception applies, the defendants bear the burden of proving by a preponderance of the evidence that the exception does not apply”
• “Because a foreign state acts through its agents, an agent’s deed which is based on the actual authority of the foreign state constitutes activity ‘of the foreign state’ [for the purpose of the commercial activity exception].”

Source: CourtListener parenthetical corpus (CC0).