Blogs

Posts Categorized: Sovereign Immunity

Posted: November 5, 2018

Judge Korman Holds that the “Foreign Country” and “Intentional Torts” Exceptions to the FTCA Barred Claims by Estate of Panamanian Woman Murdered by U.S. Servicemember

Posted by Solomon N. Klein, Litigation Partner District Judge Edward R. Korman dismissed an action against the U.S. by the estate and family of a Panamanian woman murdered by a U.S. servicemember in Panama. Rogelio Rodriguez, et al. v. Omar Velez-Pagan, et al. , 17-cv-3911 (E.D.N.Y. Oct. 26, 2018) (ERK) (SJB). The civil case arose… Read more »

Posted: May 10, 2018

Judge Garaufis denies insurer’s motion to dismiss in lawsuit involving “ordinary traffic accident with an international twist”

Posted by Solomon N. Klein, Litigation Partner District Judge Nicholas G. Garaufis denied an insurer’s motion to dismiss a lawsuit brought directly by a plaintiff against the insurer of a vehicle that belonged to the Principality of Monaco. The Court ruled that the lawsuit was proper under the Diplomatic Relations Act of 1978, despite the… Read more »

Posted: November 28, 2017

Judge Cogan Re-Imposes Sanctions in Case of International Intrigue

District Judge Brian M. Cogan recently re-imposed sanctions on the defendants in Funk v. Belneftekhim a/k/a Concern Belneftekhim, 14 CV 0376 (E.D.N.Y. Oct. 17, 2017) after the Second Circuit addressed the nuances of sanctioning parties for non-compliances with jurisdictional discovery. Of course, the term “jurisdictional discovery” is a bit of a misnomer, since a court… Read more »

Posted: April 14, 2016

Social Security Administration Cannot Be Sued for Failure to Pay Fee Award

On March 21, 2016, the Second Circuit issued a decision in Binder & Binder v. Colvin, 14‐4141-CV and 14‐4457‐CV, affirming decisions by the EDNY that sovereign immunity barred a law firm’s lawsuits against the Social Security Administration for failing to pay fee awards. In Binder & Binder, the plaintiff law firm successfully represented litigants in… Read more »