· 5/1/1985
Lois Frolova v. Union of Soviet Socialist Republics
Citations
- 761 F.2d 370
- 1985 U.S. App. LEXIS 31061
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 treaty “do[es] not provide the basis for a private lawsuit” if it is neither self-executing nor implemented by legislation
- noting that one of the four main objectives of FSIA was to ensure that immunity would be strictly a judicial determination
- noting that courts examine several factors, including the four listed, in deciding the self-exe- cuting question
- observing that legislative history’s characterization of sovereign immunity as affirmative defense “is not entirely accurate”
- noting that one of the four main objectives of FSIA was to ensure that immunity would be strictly a judi- cial determination
- explaining that “waiver would not be found absent a 19 conscious decision to take part in the litigation and a 20 failure to raise sovereign immunity despite the opportunity 21 to do so”
Source: CourtListener parenthetical corpus (CC0).
Judges: Bauer, Wood, Coffey
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.