Justia Government & Administrative Law Opinion Summaries

In this case, a private insurance company, TIG Insurance Company, sought to enforce two judgments against the Republic of Argentina. The dispute centers on whether Argentina, as the successor to a state-owned Argentine company, Caja Nacional de Ahorro y Seguro, is liable under reinsurance contracts that Caja entered into with TIG in 1979. TIG alleged that Caja failed to pay as promised under these contracts, leading to arbitral awards and subsequent judgments in TIG's favor.The United States District Court for the District of Columbia initially ruled in favor of Argentina, finding that Argentina's property was immune from execution under the Foreign Sovereign Immunities Act (FSIA) because it was not used for commercial activity at the time the writ would issue. The court also held that the Illinois district court lacked jurisdiction over Argentina for the 2018 judgment and that TIG needed to amend the 2001 judgment in Illinois to name Argentina before seeking enforcement in D.C. TIG appealed these decisions.The United States Court of Appeals for the District of Columbia Circuit reviewed the case and concluded that two FSIA exceptions—the arbitration and waiver exceptions—might apply. The court held that an agreement could be "made by" a sovereign if it legally binds that sovereign to arbitrate, even if the sovereign was not an original signatory. The court also found that implied waiver does not require evidence of subjective intent but can be based on objective actions, such as agreeing to arbitration or a choice-of-law clause. The court vacated the district court's decisions and remanded for further analysis and factfinding on these issues.The appellate court affirmed the denial of TIG's request for jurisdictional discovery and precluded TIG from advancing an alter ego theory or arguing that Argentina failed to raise its immunity in a responsive pleading. The case was remanded for further proceedings consistent with the appellate court's instructions. View "TIG Insurance Company v. Republic of Argentina" on Justia Law

Exxon Mobil Corporation owned subsidiaries in Cuba that had various oil and gas assets. In 1960, the Cuban government expropriated these assets without compensating Exxon. In 1996, Congress enacted the Cuban Liberty and Democratic Solidarity Act, which allows U.S. nationals to sue those who traffic in property confiscated by the Cuban government. Exxon sued three state-owned defendants, alleging they trafficked in the confiscated property by participating in the oil industry and operating service stations.The United States District Court for the District of Columbia denied one defendant's motion to dismiss based on foreign sovereign immunity. The court held that the Cuban Liberty and Democratic Solidarity Act does not override the Foreign Sovereign Immunities Act (FSIA), and jurisdiction depends on an FSIA exception. The court found that the FSIA’s expropriation exception did not apply but that the commercial-activity exception did. The court allowed limited jurisdictional discovery for the other two defendants and later denied their motion for reconsideration.The United States Court of Appeals for the District of Columbia Circuit reviewed the case. The court agreed with the district court that the Cuban Liberty and Democratic Solidarity Act does not confer jurisdiction and that the FSIA’s expropriation exception is inapplicable. However, the court concluded that the district court needed to undertake additional analysis before determining that jurisdiction exists under the FSIA’s commercial-activity exception. The court vacated the district court’s decision and remanded the case for further analysis on the applicability of the FSIA’s commercial-activity exception. View "Exxon Mobil Corporation v. Corporacion CIMEX, S.A. (Cuba)" on Justia Law

In the early hours of August 21, 2017, the M/V ALNIC, a Liberian-flagged oil-and-chemical tanker, collided with the U.S.S. JOHN S. MCCAIN, a Navy destroyer, in the Singapore Strait. The collision resulted in the deaths of ten Navy sailors and injuries to dozens more. Both vessels sustained significant damage. Energetic Tank, Inc., the owner of ALNIC, sought exoneration from or limitation of liability for the collision. Forty-one Navy sailors or their representatives, along with the United States, filed claims for damages against Energetic. Energetic counterclaimed against the United States. The parties agreed on the monetary value of the damages to ALNIC and MCCAIN as $442,445 and $185 million, respectively.The United States District Court for the Southern District of New York concluded that Singapore law would govern the determination of liability and the calculation of damages. After a Phase 1 bench trial, the district court denied Energetic’s petition for exoneration or limitation of liability, allocating 80% of the fault to the United States and 20% to Energetic. The court indicated it would proceed to a Phase 2 trial to determine damages to the Sailor-Claimants. Energetic appealed, and while the appeal was pending, the district court dismissed Energetic’s claims for contribution or indemnity against the United States for any damages awarded to the Sailor-Claimants, citing sovereign immunity. Energetic also appealed this order. The district court retroactively certified its earlier opinion on the apportionment of liability as a final judgment as to the United States. Several Sailor-Claimants cross-appealed, challenging the application of Singapore law to the calculation of damages.The United States Court of Appeals for the Second Circuit found no error in the district court’s apportionment of liability under Singapore law or its sovereign immunity ruling, affirming the district court’s judgment and order on Energetic’s appeals. However, the court dismissed the Sailor-Claimants’ cross-appeals for lack of jurisdiction, as the choice-of-law ruling was a non-appealable collateral order. View "In the Matter of Energetic Tank, Inc." on Justia Law

The case involves a dispute over the distribution of interest associated with antidumping and countervailing duties under the Continued Dumping and Subsidy Offset Act of 2000 (CDSOA). Plaintiffs, who are affected domestic producers, argued that the United States Customs and Border Protection (Customs) unlawfully excluded delinquency interest from the distributions they were entitled to receive under the CDSOA. Customs had been distributing only interest charged on antidumping and countervailing duties at liquidation, as specified by 19 U.S.C. § 1677g, and not delinquency interest assessed under 19 U.S.C. § 1505(d).The United States Court of International Trade (CIT) initially dismissed claims related to distributions made more than two years before the complaints were filed, citing the statute of limitations. The CIT found that the Final Rule published by Customs in 2001 provided adequate notice of its decision to exclude delinquency interest. The CIT also denied plaintiffs' motions for reconsideration, maintaining that the Final Rule sufficiently informed the public of Customs' decision. Finally, the CIT denied plaintiffs' motions for judgment on the agency record, holding that the CDSOA did not require Customs to distribute delinquency interest.The United States Court of Appeals for the Federal Circuit reviewed the case and affirmed the CIT's decisions. The Federal Circuit held that the Final Rule provided adequate notice of Customs' decision to exclude delinquency interest, thus supporting the CIT's dismissal of claims outside the two-year statutory period. The court also concluded that the CDSOA unambiguously excludes delinquency interest from distributions to affected producers. Therefore, the court affirmed the CIT's judgment in favor of the government, upholding Customs' practice of excluding delinquency interest from CDSOA distributions. View "ADEE HONEY FARMS v. US " on Justia Law

The case involves an appeal by Marmen Inc., Marmen Énergie Inc., Marmen Energy Co., the Government of Québec, and the Government of Canada against a decision by the U.S. Department of Commerce. The Department of Commerce had imposed countervailing duties on imports of certain utility scale wind towers from Canada, arguing that the Canadian government had provided illegal subsidies to the producers and exporters of these towers.The case was initially reviewed by the United States Court of International Trade, which upheld the Department of Commerce's decision. The appellants then appealed to the United States Court of Appeals for the Federal Circuit.The appellants argued that the Department of Commerce had erred in its assessment of three government programs and its computation of the sales denominator used to calculate the subsidy rate. They contended that the subsidy rate should have been de minimis, meaning it was too trivial or minor to merit consideration.The Court of Appeals for the Federal Circuit affirmed the judgment of the U.S. Court of International Trade, ruling that the Department of Commerce's determination was supported by substantial evidence and was in accordance with the law. The court rejected the appellants' arguments, finding that the Department of Commerce had reasonably determined that the auditor's adjustment was unreliable, and that the three subsidy programs at issue did provide countervailable subsidies. View "GOVERNMENT OF QUEBEC v. US " on Justia Law

The case involves Bainbridge Fund Ltd. (Bainbridge), which sought to attach property owned by the Republic of Argentina (Argentina) in partial satisfaction of a judgment entered against Argentina in 2020. The property in question, the Chancery Annex, was a building owned by Argentina in Washington, D.C. The Foreign Sovereign Immunities Act (FSIA) stipulates that the property of a foreign sovereign cannot be attached unless the sovereign waives immunity and the property is used for commercial activity in the United States. The district court denied Bainbridge’s application after finding that the property in question is not used for commercial activity.Previously, in the Southern District of New York, Bainbridge obtained a judgment against Argentina for $95,424,899.38, arising out of Argentina’s default on a bond owned by Bainbridge. The bond contained a waiver of sovereign immunity by Argentina. Bainbridge sought to attach and execute upon the Chancery Annex to satisfy the judgment in part.The United States Court of Appeals for the District of Columbia Circuit affirmed the district court’s denial of Bainbridge’s application. The court found that the Chancery Annex was not “used for commercial activity” at the time of filing. The court also rejected Bainbridge's argument that Argentina had waived the “commercial activity” requirement under Section 1610(a) of the FSIA. The court held that the bond did not evince an explicit promise or intent by Argentina not to raise FSIA defenses. View "Bainbridge Fund Ltd. v. Republic of Argentina" on Justia Law

The case involves an appeal by Wheatland Tube Company against a decision by the U.S. Court of International Trade, which affirmed the U.S. Department of Commerce’s remand determination concerning the scope of an antidumping duty order on certain steel pipes imported from Thailand. The dispute centers on whether certain imports of steel pipes, specifically those that are "dual-stenciled" as both standard pipes and line pipes, fall within the scope of the existing antidumping duty order.The U.S. Court of International Trade initially found that the Department of Commerce unlawfully expanded the scope of the antidumping duty order by determining that it covered dual-stenciled pipes. On remand, the Department of Commerce, under protest, concluded that the antidumping duty order did not cover dual-stenciled pipes. The U.S. Court of International Trade sustained this determination.On appeal, the United States Court of Appeals for the Federal Circuit reversed the decision of the U.S. Court of International Trade. The Court of Appeals held that the Department of Commerce’s initial determination that dual-stenciled pipes fall within the scope of the antidumping duty order was reasonable and supported by substantial evidence. The Court of Appeals found that the lower court's interpretation lacked support in the record and failed to give sufficient deference to the Department of Commerce under the substantial evidence standard of review. View "SAHA THAI STEEL PIPE PUBLIC COMPANY LIMITED v. US " on Justia Law

In 2020, seven victims of a 2016 terrorist bombing in Afghanistan obtained multi-million-dollar default judgments against the Taliban, Al-Qaeda, and the Haqqani Network. Following the Taliban’s 2021 takeover of Afghanistan, the victims, suing as John Doe plaintiffs, sought to attach assets held by the International Monetary Fund and the International Bank for Reconstruction and Development (commonly known as the “World Bank”). The plaintiffs argued that these assets belonged to the Afghan government or the central bank of Afghanistan, and that the Taliban had become the de facto Afghan government and the Afghan central bank its “instrumentality.”The district court granted the World Bank’s and Fund’s motions to quash the plaintiffs' writs of execution. The court found the Terrorism Risk Insurance Act (TRIA) inapplicable in this case. It expressed doubt that the funds the plaintiffs sought to recover belonged to Afghanistan, and it could not recognize an ownership claim by the Taliban to Afghan assets since the United States had not recognized the Taliban as the legitimate government of Afghanistan. The plaintiffs failed to show that the assets at issue fell under the TRIA, and so they had not shown that an exception to the Fund and the World Bank’s immunity applied. On that basis, the district court found that it lacked jurisdiction in the case and granted the motions to quash.The United States Court of Appeals for the District of Columbia Circuit affirmed the district court’s decision. The court held that the TRIA does not abrogate the World Bank’s and Fund’s jurisdictional immunity under the International Organizations Immunities Act and Foreign Sovereign Immunities Act. The court concluded that the TRIA applies only to foreign states and international organizations once jurisdiction has been established over them. Because the TRIA leaves the World Bank’s and Fund’s jurisdictional immunity intact, the district court could not entertain the plaintiffs' garnishment action. View "John Does 1-7 v. Taliban" on Justia Law

The case involves two Chinese-owned companies, Hikvision USA, Inc. and Dahua Technology USA Inc., that manufacture video cameras and video-surveillance equipment. They challenged an order by the Federal Communications Commission (FCC) that implemented the Secure Equipment Act (SEA), which prevented the marketing or sale in the U.S. of their products listed on the “Covered List,” a list of communications equipment considered a threat to U.S. national security.The U.S. Court of Appeals for the District of Columbia Circuit held that the SEA ratified the composition of the Covered List and left no room for the petitioners to challenge the placement of their products on that list under a predecessor statute. However, the court agreed with the petitioners that the FCC’s definition of “critical infrastructure” was overly broad.The court concluded that the FCC's order prohibiting the authorization of petitioners' equipment for sale and marketing in the U.S. for use in the physical security surveillance of critical infrastructure was upheld. However, the portions of the FCC’s order defining “critical infrastructure” were vacated, and the case was remanded to the Commission to align its definition and justification for it with the statutory text of the National Defense Authorization Act. View "Hikvision USA, Inc. v. FCC" on Justia Law

The defendant, Ahmed Alahmedalabdaloklah, a Syrian national, was convicted after a jury trial for participating in a conspiracy that targeted US military personnel and property in Iraq. The US Court of Appeals for the Ninth Circuit affirmed some convictions and reversed others. The court agreed with both parties that Alahmedalabdaloklah's convictions for conspiring to possess a destructive device in furtherance of a crime of violence and aiding and abetting the same could not stand after the Supreme Court's decision in United States v. Davis. The court reversed these convictions and remanded to the district court to vacate them. However, the court affirmed Alahmedalabdaloklah's convictions for conspiring to use a weapon of mass destruction and conspiring to damage US government property by means of an explosive. The court held that the statutes under which Alahmedalabdaloklah was convicted applied extraterritorially, meaning they applied to acts committed outside the United States. The court also held that the district court properly used procedures set forth in the Classified Information Procedures Act to withhold or substitute classified information from discovery. Despite several errors by the government in invoking the state-secrets privilege, the court excused these errors because remanding for proper invocation would be of little or no benefit. Finally, the court held that the use of overseas deposition testimony did not violate Alahmedalabdaloklah's rights under the Confrontation Clause or other constitutional and evidentiary rules. The court remanded the case to the district court for resentencing. View "USA V. ALAHMEDALABDALOKLAH" on Justia Law