Legal Opinion · Dissent

Vila v. INTER-AMERICAN INVESTMENT CORPORATION

Court of Appeals for the D.C. Circuit

Decided June 19, 2009No. 08-7042Published

1DissentWilliams, Senior Circuit Judge

I respectfully dissent from the court’s rejection of two defenses posed by Inter-American Investment Corporation (“IIC”): its claim of immunity to plaintiffs unjust enrichment claim and its invocation of the statute of limitations.

The immunity claim turns on the application of Article VII, § 3(a) of IIC’s Charter, see Maj. Op. at 278, under the International Organizations Immunities Act, 22 U.S.C. § 288a-k. Although the clause might seem to be either a venue provision or an across-the-board waiver, we have, in Mendaro v. World Bank, 717 F.2d 610 (D.C.Cir.1983), and later cases, construed such…

2Cases cited18 opinions

  1. Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
  2. Delaware State College v. RicksSupreme Court of the United States · 1980
  3. Charles Kowal v. MCI Communications CorporationCourt of Appeals for the D.C. Circuit · 1994
  4. Miller v. . SchlossNew York Court of Appeals · 1916
  5. Kaemmerling v. LappinCourt of Appeals for the D.C. Circuit · 2008

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