Legal Opinion
Voest-Alpine Trading USA Corp. v. Bank of China
Court of Appeals for the Fifth Circuit
Decided June 12, 1998No. 97-20322PublishedCited by 98 opinions
1Opinion of the Court
E. GRADY JOLLY, Circuit Judge:
The issue in this appeal is whether, having engaged in a commercial transaction with an American corporation, a foreign state’s failure to remit funds to the corporation’s designated bank account in the United States is sufficient to support jurisdiction over the for*890eign state under the commercial activity exception to the Foreign Sovereign Immunities Act (“FSIA”), 28 U.S.C. § 1605(a)(2). The district court held that it is. We agree. Because a financial loss was incurred in the United States by an American plaintiff as an immediate consequence of the foreign…
2Cases cited17 opinions
- Baker v. PutnalCourt of Appeals for the Fifth Circuit · 1996
- Republic of Argentina v. Weltover, Inc.Supreme Court of the United States · 1992
- Saudi Arabia v. NelsonSupreme Court of the United States · 1993
- Hebert Abstract Company, Inc. v. Touchstone Properties, Ltd.Court of Appeals for the Fifth Circuit · 1990
- Texas Trading & Milling Corp. v. Federal Republic of NigeriaCourt of Appeals for the Second Circuit · 1981
12 more not listed; retrieve them via the Exa API.
3Cited by98 opinions
- Great Plains Trust Co. v. Morgan Stanley Dean Witter & Co.Court of Appeals for the Fifth Circuit · 2002
- Kelly v. Syria Shell Petroleum Development B.V.Court of Appeals for the Fifth Circuit · 2000
- American Telecom Co. v. Republic of LebanonCourt of Appeals for the Sixth Circuit · 2007
- Ruth E. Hughes, Individually and as Representative of the Estate of Sherman Hughes, Sr., Deceased v. The Tobacco Institute, Inc. Philip Morris, Inc. Brown & Williamson Tobacco Corporation R.J. Reynolds Tobacco Co. B.A.T. Industries Plc Lorillard Tobacco Co. The American Tobacco Company Liggett Group, Inc. United States Tobacco Company the Council for Tobacco Research Usa, Inc., Carlis Cole, Carlis Cole Charles Cole Louis Ardoin Charles Banks Ruth Davis Donald French Lois French Linda Goodwin Daniel Hughes Barbara Orr Darrell Orr, Sr. Dale Sonnier Agnes Vondy, Individually & as Representative of the Estate of Luanne Davis, Deceased Kaffie Williams, Individually & as Representative of the Estate of Jules Williams, Sr., Deceased Frank O'Pry Joseph Wray, the Son of Thomas H. Wray, Deceased, & Paula Wray Ewing, of the Estate of Thomas H. Wray, Deceased Patricia Gibson, Individually & as Representative of the Estate of Danny Gibson, Deceased & as Next Friend of Paul Gibson, Patrick Gibson, Bryan Gibson, Gayla Gibson & Gabrielle Gibson, Minors, Steven Faircloth, Intervenor v. The Tobacco Institute, Inc. Philip Morris, Incorporated Brown & Williamson Tobacco Corporation R.J. Reynolds Tobacco Company B.A.T. Industries Plc Lorillard Tobacco Company the American Tobacco Company Liggett Group, Inc. United States Tobacco Company the Council for Tobacco Research Usa, Inc.Court of Appeals for the Fifth Circuit · 2001
- United States v. PhillipsCourt of Appeals for the Fifth Circuit · 2000
93 more not listed; retrieve them via the Exa API.