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Cultural Heritage Ruling
On May 23, 2008, a federal district court overruled objections to a magistrate's ruling permitting discovery against a sovereign state in a dispute involving national heritage, Jenny Rubin, et al. v. The Islamic Republic of Iran, et. al., Northern District of Illinois, no. 03-cv-9370. Judge Manning ruled that discovery against Iran is permissible:
Rubin is not seeking 'broad assets discovery,' but rather has limited its requests to information about a discrete collection of artifacts that it believes falls within an exception to the immunity otherwise afforded a foreign sovereign's assets.This finding would seem to conflict with the explicit language of plaintiffs' request for discovery concerning any and all tangible and intangible assets...that are located within the United States.
In addition to rejecting Iran's defenses under the FSIA and Algiers Accords, the court dismissed concerns about international comity and reciprocity expressed by both Iran and the United States as somewhat overblown. As a practical matter, the court contended, plaintiffs must be able to identify which assets of a foreign sovereign are immune and which are available for attachment, and this burden … can be met only after reaping the benefits of discovery. -- Christina E. Mason, legal assistant, Berliner, Corcoran & Rowe, LLP, Washington.
Tue, / / Embassy Law Link
