Legal Opinion

Ben-Haim v. Edri

New Jersey Superior Court Appellate Division

Decided February 5, 2018No. DOCKET NO. A–2247–15T4PublishedCited by 3 opinions

1Opinion of the Court

GILSON, J.A.D.

*253*528The question presented is whether New Jersey courts have jurisdiction to hear civil claims against foreign officials when the United States, through the State Department, has issued a suggestion of immunity (SOI) determining that those officials are entitled to immunity. We hold that New Jersey courts are bound by an SOI when, as here, the State Department's determination of conduct-based immunity is premised on the officials acting within the scope of their duties for a foreign sovereign nation. Therefore, we affirm the December 9, 2016 order dismissing plaintiff's civil…

2Cases cited21 opinions

  1. Manalapan Realty v. Township Committee of the Township of ManalapanSupreme Court of New Jersey · 1995
  2. Verlinden B. v. v. Central Bank of NigeriaSupreme Court of the United States · 1983
  3. Schooner Exchange v. McFaddonSupreme Court of the United States · 1812
  4. Medellin v. TexasSupreme Court of the United States · 2008
  5. Samantar v. YousufSupreme Court of the United States · 2010

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3Cited by3 opinions

  1. Eliahu v. Jewish Agency for Isr.Court of Appeals for the Second Circuit · 2019
  2. Free and Sovereign State of Chihuahua v. Duarte-JaquezDistrict Court, W.D. Texas · 2020
  3. Newman v. Jewish Agency for IsraelCourt of Appeals for the Second Circuit · 2019

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