Tag Archives: FSIA

Case of the Day: Moriah v. Bank of China

The case of the day is Moriah v. Bank of China (S.D.N.Y. 2015). The case is related to Wultz v. Bank of China, which we saw in May 2013 and November 2012. The case involves a 2006 suicide bombing in Tel Aviv. The Bank of China is alleged to be liable under the Anti-terrorism Act and for negligence. Today’s installment involves some back-room politics that reflect the awkardness, for the Israeli government, of the claims against the Bank of China given Israel’s diplomatic relations with China.
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Case of the Day: Jerez v. Republic of Cuba

The case of the day is Jerez v. Republic of Cuba (D.C. Cir. 2014). This is the appeal from the case of the day from September 13, 2013. Nilo Jerez claimed he had been tortured by the Cuban government in the 1960s and 1970s. In 2005, he sued Cuba in a Florida state court under the Torture Victim Protection Act, and he obtained a default judgment. Jerez then sued on the judgment in the US District Court for the Southern District of Florida which recognized the Florida judgment after Cuba again defaulted. Then Jerez registered the new federal judgment in the District of Columbia and sought to attach patents and trademarks said to be owned by instrumentalities of Cuba. The US District Court in Washington refused to attach the intellectual property on the grounds that the Florida state court and the federal court in Florida had lacked jurisdiction under the FSIA. Jerez appealed.
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