Legal Opinion

Letelier v. Republic of Chile

Court of Appeals for the Second Circuit

Decided November 20, 1984No. 1251, Docket 83-9048PublishedCited by 46 opinions

1Opinion of the Court

CARDAMONE, Circuit Judge:

The critical question posed on this appeal is whether the assets of a foreign state’s wholly owned airline are subject to execution to satisfy a default judgment obtained against the foreign state. The district court, believing that Congress under the Foreign Sovereign Immunities Act of 1976, 28 U.S.C. §§ 1602-11 (1982) (FSIA or the Act), would not have established a right to jurisdiction over the foreign state without also providing a remedy, ordered execution. We reverse although we recognize that our decision may preclude the plaintiffs from collecting on their…

2Cases cited25 opinions

Berger v. United StatesSupreme Court of the United States · 1921
First National City Bank v. Banco Para El Comercio Exterior De CubaSupreme Court of the United States · 1983
Schooner Exchange v. McFaddonSupreme Court of the United States · 1812
United States v. Guillermo Novo Sampol, United States of America v. Alvin Ross Diaz, United States of America v. Ignacio Novo SampolCourt of Appeals for the D.C. Circuit · 1980
Texas Trading & Milling Corp. v. Federal Republic of NigeriaCourt of Appeals for the Second Circuit · 1981

20 more not listed; retrieve them via the Exa API.

3Cited by46 opinions

Foremost-Mckesson, Inc. v. The Islamic Republic of IranCourt of Appeals for the D.C. Circuit · 1990
The Export Group Emilio Figueroa Jack Andrews v. Reef Industries, Inc., and Mexican Coffee InstituteCourt of Appeals for the Ninth Circuit · 1995
In Re Terrorist Attacks on September 11, 2001Court of Appeals for the Second Circuit · 2008
Weltover, Inc. Springdale Enterprises, Inc. Bank Cantrade, A.G. v. Republic of Argentina Banco Central De La ArgentinaCourt of Appeals for the Second Circuit · 1991
Letelier v. Republic of ChileCourt of Appeals for the Second Circuit · 1984

41 more not listed; retrieve them via the Exa API.