Legal Opinion
California Department of Water Resources v. Powerex Corp.
Court of Appeals for the Ninth Circuit
Decided July 22, 2008No. 06-15285PublishedCited by 113 opinions
1Opinion of the Court
MICHAEL DALY HAWKINS, Circuit Judge:
In this second look, we re-examine whether Powerex, a Canadian corporation that markets and distributes electric power, is a “foreign state” within the meaning of the Foreign Sovereign Immunities Act of 1976 (“FSIA”). 28 U.S.C. § 1603(a), (b). Four years ago, we held that it was not, but the Supreme Court vacated that decision without resolving the issue. California v. NRG Energy Inc., 391 F.3d 1011, 1026 (9th Cir.2004), vacated sub nom. Powerex Corp. v. Reliant Energy Servs., Inc., — U.S. -, 127 S.Ct. 2411, 168 L.Ed.2d 112 (2007).
To reach that question, we…
2Cases cited40 opinions
- United Mine Workers of America v. GibbsSupreme Court of the United States · 1966
- Moses H. Cone Memorial Hospital v. Mercury Construction Corp.Supreme Court of the United States · 1983
- Cohen v. Beneficial Industrial Loan Corp.Supreme Court of the United States · 1949
- Colorado River Water Conservation District v. United StatesSupreme Court of the United States · 1976
- Coopers & Lybrand v. LivesaySupreme Court of the United States · 1978
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3Cited by113 opinions
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- Laura Flam v. Marshall FlamCourt of Appeals for the Ninth Circuit · 2015
- In Re Van DusenCourt of Appeals for the Ninth Circuit · 2011
- Clifton Whidbee v. Pierce CountyCourt of Appeals for the Ninth Circuit · 2017
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