Kensington International Ltd. v. Itoua

How courts have described this case

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

• holding that prepayment agreements had “no connection” to the United States where they “were negotiated in France, written in French, apply to foreign entities, and specify France as the exclusive jurisdiction to resolve disputes”
• noting that the same definition of “based upon” is applicable to all three clauses of the commercial activity exception
• holding that the appellant’s claims did not fall under the 26 second clause of the commercial activities exceptions because it failed to allege any acts performed by the foreign defendant in the United States as the basis of its complaint
• discussing the “based upon” element of each clause and holding that the phrase should be given the same meaning for each clause
• discussing the same issue with respect to the phrase “based upon” and holding that “[a]bsent any indication from Congress to the contrary, we do not believe that the phrase ‘based upon’ has distinct meanings in different parts of the same provision of the statute”
• “This judgment does not have a ‘place of performance.’ ... Payment could come from anywhere and take any form.”

Source: CourtListener parenthetical corpus (CC0).