Legal Opinion
NML Capital, Ltd. v. Republic of Argentina
Court of Appeals for the Second Circuit
Decided March 30, 2012No. 10-4450-cv(L)PublishedCited by 18 opinions
1Opinion of the Court
JOSÉ A. CABRANES, Circuit Judge:
The question presented is whether certain funds owned by the Republic of Argentina (the “Republic” or “Argentina”) were subject to attachment pursuant to 28 U.S.C. § 1610 because they were “used for a commercial activity in the United States.” 28 U.S.C. § 1610(a). 1 To resolve this question, we must decide whether the Republic’s payment of the purchase price of commercial goods to a seller on behalf of a third party recipient constitutes a “commercial activity” under the Foreign Sovereign Immunities Act (“FSIA”), 28 U.S.C. § 1602 et seq. 2
This appeal arises…
2Cases cited14 opinions
- Argentine Republic v. Amerada Hess Shipping Corp.Supreme Court of the United States · 1989
- Republic of Argentina v. Weltover, Inc.Supreme Court of the United States · 1992
- Saudi Arabia v. NelsonSupreme Court of the United States · 1993
- Sims v. BlotCourt of Appeals for the Second Circuit · 2008
- Frontera Resources Azerbaijan Corp. v. State Oil Co.Court of Appeals for the Second Circuit · 2009
9 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- NML Capital, Ltd. v. Republic of ArgentinaCourt of Appeals for the Second Circuit · 2012
- Securities Investor Protection Corp. v. Bernard L. Madoff Investment Securities LLCUnited States Bankruptcy Court, S.D. New York · 2012
- Blue Ridge Investments, L.L.C. v. Republic of ArgentinaCourt of Appeals for the Second Circuit · 2013
- NML Capital, Ltd. v. Republic of ArgentinaCourt of Appeals for the Second Circuit · 2012
- Fair Laboratory Practices Assocs. v. Quest Diagnostics, Inc.Court of Appeals for the Second Circuit · 2013
13 more not listed; retrieve them via the Exa API.