Cassirer v. Thyssen-Bornemisza Collection Foundation | |
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Decided April 21, 2022 | |
Full case name | Cassirer v. Thyssen-Bornemisza Collection Foundation |
Docket no. | 20-1566 |
Citations | 596 U.S. ___ ( more ) |
Holding | |
In a suit raising non-federal claims against a foreign state or instrumentality under the Foreign Sovereign Immunities Act, a court should determine the substantive law by using the same choice-of-law rule applicable in a similar suit against a private party. | |
Court membership | |
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Case opinion | |
Majority | Kagan, joined by unanimous |
Laws applied | |
Foreign Sovereign Immunities Act |
Cassirer v. Thyssen-Bornemisza Collection Foundation, 596 U.S. ___ (2022), was a United States Supreme Court case in which the Court held that, in a suit raising non-federal claims against a foreign state or instrumentality under the Foreign Sovereign Immunities Act, a court should determine the substantive law by using the same choice-of-law rule applicable in a similar suit against a private party. [1] [2]
The Eleventh Amendment is an amendment to the United States Constitution which was passed by Congress on March 4, 1794, and ratified by the states on February 7, 1795. The Eleventh Amendment restricts the ability of individuals to bring suit against states of which they are not citizens in federal court.
Chisholm v. Georgia, 2 U.S. 419 (1793), is considered the first United States Supreme Court case of significance and impact. Since the case was argued prior to the formal pronouncement of judicial review by Marbury v. Madison (1803), there was little available legal precedent. The Court in a 4–1 decision ruled in favor of Alexander Chisholm, executor of an estate of a citizen of South Carolina, holding that Article III, Section 2 grants federal courts jurisdiction in cases between a state and a citizen of another state wherein the state is the defendant.
The Foreign Sovereign Immunities Act of 1976 (FSIA) is a United States law, codified at Title 28, §§ 1330, 1332, 1391(f), 1441(d), and 1602–1611 of the United States Code, that established criteria as to whether a foreign sovereign state is immune from the jurisdiction of the United States' federal or state courts. The Act also establishes specific procedures for service of process, attachment of property and execution of judgment in proceedings against a foreign state. The FSIA provides the exclusive basis and means to bring a civil suit against a foreign sovereign in the United States. It was signed into law by United States President Gerald Ford on October 21, 1976.
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The Thyssen-Bornemisza National Museum, or simply the Thyssen, is an art museum in Madrid, Spain, located near the Prado Museum on one of the city's main boulevards. It is known as part of the "Golden Triangle of Art", which also includes the Prado and the Reina Sofía national galleries. The Thyssen-Bornemisza fills the historical gaps in its counterparts' collections: in the Prado's case this includes Italian primitives and works from the English, Dutch and German schools, while in the case of the Reina Sofía it concerns Impressionists, Expressionists, and European and American paintings from the 20th century.
Permanent Mission of India v. City of New York, 551 U.S. 193 (2007), was a United States Supreme Court case in which the Court construed the Foreign Sovereign Immunities Act to allow a federal court to hear a lawsuit brought by the City of New York to recover unpaid property taxes levied against India and Mongolia, both of which own real estate in New York.
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Frank Richard Perls was a German-born American art dealer who was best known for uncovering a series of fraudulent art works. As an interpreter with the United States Third Army, Perls worked together with Army intelligence officer Martin Dannenberg in April 1945 in the discovery of a copy of the 1935 Nuremberg Laws signed by Adolf Hitler.
Pfizer Inc. v. Government of India, 434 U.S. 308 (1978), decision of the Supreme Court of the United States in which the Court held that foreign states are entitled to sue for treble damages in U.S. courts, and should be recognized as "persons" under the Clayton Act.
M. Knoedler & Co. was an art dealership in New York City founded in 1846. When it closed in 2011, amid lawsuits for fraud, it was one of the oldest commercial art galleries in the US, having been in operation for 165 years.
Agency for International Development v. Alliance for Open Society International, Inc., 570 U.S. 205 (2013), also known as AOSI I, was a United States Supreme Court decision in which the court ruled that conditions imposed on recipients of certain federal grants amounted to a restriction of freedom of speech and violated the First Amendment.
Stephen Hahn was an American art dealer and collector. An expert on Picasso, Degas, and others, he held one of the most significant collections of twentieth century masters during his years operating the Stephen Hahn Gallery in New York City.
Rue Saint-Honoré, dans l'après-midi. Effet de pluie is an 1897 oil painting by Camille Pissarro. The work was made towards the end of Pissarro's career, when he abandoned his experiments with Pointillism and returned to a looser Impressionist style. It is part of a series of works that Pissarro made in 1897-98 from a window of the Hôtel du Louvre, looking down across the edge of the place du Théâtre Français and along the rue Saint-Honoré, portraying the people, carriages and buildings, the trees, fountains and streetlamps, in an early afternoon shower of rain. Other paintings in the series depict a similar scene in morning sunlight, or in the shadows of the evening. The painting measures 81 cm × 65 cm.
Federal Republic of Germany v. Philipp, 592 U.S. ___ (2021), was a United States Supreme Court case that dealt with the applicability of the Foreign Sovereign Immunities Act (FSIA) for heirs of victims of the Holocaust to sue Germany in the United States court systems for compensation for items that were taken by the Nazi Party during World War II. At issue in the case was whether claims fell within the FSIA's exception to sovereign immunity for “property taken in violation of international law,” 28 U.S.C. §1605(a)(3), given that the sovereign here was alleged to have engaged in a taking of its own nationals’ property; and whether courts can invoke the doctrine of international comity under the FSIA to abstain from exercising jurisdiction based on prudential considerations. In a unanimous opinion by Chief Justice Roberts, the Court held that FSIA does not allow these survivors to sue Germany in U.S. court, as the sale was an act of expropriation of property rather than an act of genocide, though other means of recovery are still potentially available.
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because no element of the offense requires proof that the defendant used, attempted to use, or threatened to use force.This article incorporates written opinion of a United States federal court. As a work of the U.S. federal government, the text is in the public domain . "[T]he Court is unanimously of opinion that no reporter has or can have any copyright in the written opinions delivered by this Court." Wheaton v. Peters, 33 U.S. (8 Pet.) 591, 668 (1834)