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· 8/10/2023

United States v. Montgomery Lebeau

Citations

  • 76 F.4th 1102

Oral argument

Source: CourtListener oral-argument corpus (CC0).

How courts have described this case

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

  • holding that Court’s statutory authority to issue writs constitutionally limited to writs in aid of appellate jurisdiction
  • holding that FSIA does not apply to heads of state
  • holding mandamus may be appropriate when “the delay and inconvenience of a prolonged litigation” hinders “action of the political arm of the Government taken within its appropriate sphere”
  • stating principle of judicial deference to State Department determination of foreign sovereign’s entitlement to immunity, in case in which State Department had certified such entitlement
  • relying on harm to the Executive, namely “embarrass[ing] the executive arm of the Government in conducting foreign relations,” to grant a mandamus petition to a foreign sovereign without requiring a separate government petition
  • denying immunity and stating that foreign state’s silence weighs against immunity

Source: CourtListener parenthetical corpus (CC0).

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.