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· 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 CourtListener

Sourced 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.