Koehler v. Bank of Bermuda (New York) Ltd.

SOTOMAYOR, Circuit Judge, with whom Judge LEVAL concurs,

dissenting from the denial of rehearing in banc:

Federal courts may, under their alien-age jurisdiction, hear controversies between “citizens of a State and citizens or subjects of a foreign state.” 28 U.S.C. § 1332(a)(2) (1994). Based upon a prior holding of this Court in Matimak Trading Co. v. Khalily, 118 F.3d 76 (2d Cir.1997), cert. denied, 522 U.S. 1091, 118 S.Ct. 883, 139 L.Ed.2d 871 (1998), the panel in this case concluded that Bermuda corporations and a Bermuda citizen were not “citizens or subjects of a foreign state,” and,…