In the United States District Court for the Southern District of New York. Thomas Leitch vs. The Steamer George Law

1858 ◽  
Vol 6 (6) ◽  
pp. 368
1988 ◽  
Vol 82 (4) ◽  
pp. 833-837
Author(s):  
Eric S. Koenig

Plaintiff, the United States, brought an action in the U.S. District Court for the Southern District of New York against the Palestine Liberation Organization (PLO) and four individuals seeking an injunction to close the PLO’s Permanent Observer Mission (Mission) to the United Nations as violative of the Anti-Terrorism Act of 1987 (ATA). The district court (per Palmieri, J.) entered summary judgment for defendants and held: (1) the ATA does not require the closure of the PLO’s Mission to the United Nations; (2) the status of the PLO’s Mission, an invitee of the United Nations, is protected by the Agreement Between the United States and the United Nations Regarding the Headquarters of the United Nations (Headquarters Agreement); and (3) Congress did not intend the ATA to supersede the Headquarters Agreement.


1976 ◽  
Vol 29 (2) ◽  
pp. 113-122 ◽  
Author(s):  
D. Haslam

As a result of the loss of the French passenger liner Antilles after grounding on an uncharted rock in the Grenadine Islands in the West Indies, on 8 January 1971, the owners of the ship filed a petition for limitation of or exoneration from liability in the United States District Court for the Southern District of New York. A number of claimants against the owners, chiefly passengers in the ship at the time of loss, entered the limitation proceedings and moved the New York Court to transfer the case to the District of Puerto Rico. After the case had been so transferred, several claimants filed direct action suits against the owners and their insurers; these suits were stayed pending the outcome of the limitation proceedings.


1989 ◽  
Vol 83 (2) ◽  
pp. 368-371
Author(s):  
Jerome M. Marcus

In an action brought in the U.S. District Court for the Southern District of New York, plaintiff, the National Petrochemical Co. of Iran (NPC), sought damages against Monnris Enterprises of Dubai, the United Arab Emirates, Rotexchemie Brunst & Co. of Hamburg (Rotex), and Rotex’s Geneva affiliate, Formula S.A., for breach of an agreement to sell chemicals to NPC. Asserting that NPC is a subsidiary of the National Iranian Oil Co., which is in turn owned wholly by the Government of Iran, defendants moved to dismiss on the ground that the United States does not recognize the Khomeini Government of Iran and, hence, that neither Iran nor its instrumentality NPC has standing to sue in U.S. courts. The district court granted the motion, NPC appealed and the U.S. Court of Appeals for the Second Circuit held: (1) that a foreign state may have standing to sue in U.S. courts even if the United States does not recognize its government or have diplomatic relations with it; (2) that an unrecognized government will have standing to sue if the U.S. executive branch has evinced a willingness to permit the plaintiff to litigate its claims in U.S. courts; and (3) that the level of intercourse between the United States and Iran, and a Statement of Interest filed in this case by the United States as amicuš curiae, show that the executive branch is willing to permit NPC to litigate its claims in U.S. courts.


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