Samantar Effect in New York City
The United States Court of Appeals for the Second Circuit in New York City followed the Supreme Court and, on June 28, 2010, affirmed in part, vacated in part and remanded the lower court's decision in Carpenter v. Republic of Chile, docket number 09-3743, with an eight-page opinion which begin as follows:
Plaintiff appeals from a judgment of the United States District Court for the Eastern Districtof New York (Joanna Seybert, Judge) dismissing plaintiff's claims against the Republic of Chile, various government officials of Chile, and British Airways. Because the Supreme Court's recent opinion in Samantar v. Yousuf, --- S. Ct. ---, No. 08-1555, 2010 WL 2160785 (S. Ct. June 1, 2010) abrogated our prior holding that the Foreign Sovereign Immunities Act extends to officials of a foreign government acting in their official capacities, we vacate the judgment of the District Court insofar as it dismissed plaintiff's claims against the government officials of Chile.The ruling helps in clarifying the limits of immunity under the FSIA for government officials. -- Clemens Kochinke, partner, Berliner, Corcoran & Rowe, LLP, Washington, DC.
Mon, / Embassy Law Link