Justia U.S. 11th Circuit Court of Appeals Opinion SummariesArticles Posted in International Law
Global Marine Exploration, Inc., v. Republic of France
Global Marine Exploration, Inc. (“GME”), conducts marine salvage activities and discovers historic shipwreck sites in Florida’s coastal waters. GME entered into authorization agreements with the Florida Department of State (“FDOS”), to conduct salvage activities in Florida coastal wates. GME learned that FDOS was in contact with the Republic of France to recover the shipwreck sites. GME sued France, alleging claims for an in personam lien award, unjust enrichment, misappropriation of trade secret information, and interference with its rights and relations. France moved to dismiss GME’s amended complaint under Federal Rule of Civil Procedure 12(b)(1), arguing that the district court lacked subject matter jurisdiction under the Foreign Sovereign Immunities Act (“FSIA”). The district court agreed with France, finding that the FSIA’s commercial activity exception did not apply, and dismissed GME’s claims. The Eleventh Circuit reversed the district court’s Rule 12(b)(1) dismissal and concluded that that the FSIA’s commercial activity exception applies and therefore the district court had subject matter jurisdiction over GME’s suit against France. The court reasoned that the nature of France’s activities here are commercial under the FSIA. France performed actions and entered into agreements with FDOS and others in connection with the shipwreck recovery project. These actions—fundraising, contracting with organizations and businesses to carry out excavations of shipwreck sites, and overseeing the logistics of the project—are commercial in nature and of the type negotiable among private parties. Further, FSIA’s commercial activity exception to foreign sovereign immunity applies because GME’s action is “based upon” France’s commercial activity in the United States. View "Global Marine Exploration, Inc., v. Republic of France" on Justia Law
Latele Television, C.A. v. Telemundo Communications Group, LLC
In 2012, LaTele, a Venezuelan television corporation, acting through its president, Fraiz, sued the American television network Telemundo, claiming that Telemundo infringed LaTele’s copyrighted telenovela. While the lawsuit was pending in Miami, a Venezuelan criminal court appointed a governmental board, “La Junta” to displace Fraiz and manage the affairs of LaTele. Fraiz asked the district court to determine that he was the proper representative of LaTele and that La Junta should be excluded from participating in the lawsuit. In 2018, the district court lifted its stay, removed Fraiz’s attorneys from participation in the case, and affirmed that La Junta’s attorney was counsel of record.The Eleventh Circuit dismissed an appeal after holding that it had jurisdiction to entertain the matter. Under the collateral order doctrine, the district court’s order can be treated as final for purposes of appeal. The order conclusively determined an important issue that was completely separate from the merits of the copyright claim, and would otherwise be unreviewable on appeal from a final judgment. However, La Junta and Telemundo challenged Fraiz’s standing to bring the appeal on behalf of LaTele. The district court correctly determined, based on its review of four foreign court orders, that La Junta has the lawful authority to manage the affairs of LaTele and this lawsuit. View "Latele Television, C.A. v. Telemundo Communications Group, LLC" on Justia Law
Turner v. Costa Crociere S.P.A.
Turner, a Wisconsin resident, filed a putative class action against Costa, an Italian cruise operator, and its American subsidiary, alleging that their negligence contributed to an outbreak of COVID-19 aboard the Costa Luminosa during his transatlantic voyage beginning on March 5, 2020. The Luminosa had evacuated a passenger, who subsequently died of COVID-19, from a cruise immediately preceding Turner’s cruise. Costa told passengers that the ship was safe. It did not hire any experts to verify that the ship had been sufficiently cleaned and allegedly failed to refuse boarding to individuals who had COVID-19 symptoms or had traveled to high-risk areas. On March 8, the Luminosa had docked to transport passengers with COVID-19 symptoms to the hospital but did not inform passengers of those circumstances, When passengers disembarked on March 19, 36 of the 75 passengers tested positive for COVID-19. The Eleventh Circuit affirmed the dismissal of Turner’s complaint on forum non conveniens grounds. Turner's passage ticket contract included a forum selection clause requiring that all claims associated with his cruise be litigated in Genoa, Italy. Forum selection clauses are presumptively valid and enforceable; Turner failed to defeat the presumption by showing that the clause was induced by fraud or overreaching, that he would be deprived of his day in court because of inconvenience or unfairness, the chosen law would deprive him of a remedy or enforcement of the clause would contravene public policy.’ View "Turner v. Costa Crociere S.P.A." on Justia Law
R&R International Consulting LLC v. Banco Do Brasil, S.A.
After R&R filed suit seeking to redeem bonds issued by Banco do Brasil, the district court dismissed for lack of subject-matter jurisdiction and decided, in the alternative, that the bonds were no longer redeemable under Brazilian law.The Eleventh Circuit concluded that the district court had subject-matter jurisdiction under the commercial-activity exception to the Foreign Sovereign Immunities Act (FSIA), because the issuance of the colonization bonds was a commercial activity and the Bank's refusal to honor those bonds caused a direct effect in the United States. However, the court concluded that the complaint is barred by the statute of limitations under Brazilian law. In this case, the statute of limitations ran in 1997, 20 years after maturity, and thus when R&R tried to redeem the colonization bonds in 2018, they were no longer enforceable. Accordingly, the court vacated in part and affirmed in part. View "R&R International Consulting LLC v. Banco Do Brasil, S.A." on Justia Law
Rojas Mamani v. Sanchez De Lozada Sanchez Bustamante
Plaintiffs, relatives of eight Bolivian civilians killed in 2003 during a period of civil crisis in Bolivia, filed suit under the Torture Victims Protection Act (TVPA) against the former President of Bolivia and the former Defense Minister of Bolivia for the extrajudicial killings and wrongful deaths of their family members based on their alleged conduct in perpetuating the crisis. After the jury rendered its verdict, the district court granted defendants' renewed motion for judgment as a matter of law on the TVPA claims.The Eleventh Circuit held that the district court conflated the standard for an extrajudicial killing with the theory of liability tying defendants to the decedents' deaths. The court also held that the evidence of deaths caused by a soldier acting under orders to use excessive or indiscriminate force could provide a legally sufficient foundation to support a TVPA claim. Accordingly, the court vacated and remanded for the district court to determine, in the first instance and under the correct standard, whether plaintiffs put forth sufficient evidence to show that the deaths were extrajudicial killings, and, if so, whether there is sufficient evidence to hold defendants liable for such killings under the command-responsibility doctrine. In regard to the wrongful-death claims, the court held that the district court erroneously admitted the State Department cables. Therefore, the court vacated and remanded for a new trial on the wrongful-death claims. View "Rojas Mamani v. Sanchez De Lozada Sanchez Bustamante" on Justia Law
Otto Candies, LLC v. Citigroup, Inc.
Thirty-nine plaintiffs—two American and thirty-seven foreign—filed suit agianst Citigroup, claiming that fraudulent cash advances lured them into investing in or contracting with Oceanografía and that either Citigroup or Oceanografía knowingly misrepresented Oceanografía's financial stability.The Fourth Circuit reversed the district court's grant of Citigroup's motion to dismiss for forum non conveniens, holding that the district court did not apply the deference owed to the domestic plaintiffs, and it erred in weighing the Gulf Oil private interest factors as to all the plaintiffs because Citigroup did not satisfy its burden. In this case, the court held that the district court mistakenly gave only "reduced" deference to the domestic plaintiffs' choice of forum. The court also held that Citigroup—which had the burden of persuasion—did not support its claims that most of the relevant documents and witnesses are located in Mexico. Accordingly, the court remanded for further proceedings, including consideration of the United States' interests under the public interest factors. View "Otto Candies, LLC v. Citigroup, Inc." on Justia Law
EGI-VSR, LLC v. Juan Carlos Celestino Coderch Mitjans
Respondent appealed the district court's order confirming a $28 million international arbitration award in favor of EGI. EGI sought to enforce the Chilean award in the U.S. District Court for the Southern District of Florida by filing a petition to confirm the international arbitration award under the Federal Arbitration Act.The Eleventh Circuit agreed with the district court that service in Brazil was proper and that this arbitration award should be confirmed. The court held that the district court did not err in finding that considerations of international comity counseled against reviewing the Brazilian court's determination that respondent had been properly served in accordance with Brazilian law, especially since the Convention on Letters Rogatory commits jurisdiction of this issue to the courts of Brazil.However, the court vacated the district court's order and remanded with instructions to correct two errors that the district court committed in enforcing the award. In this case, the district court clearly erred in accepting EGI's calculations, which converted UF to pesos to U.S. dollars on January 23, 2012, rather than the proper conversion date under the breach day rule, January 13, 2012. Furthermore, instead of enforcing the Arbitration Award as requested by EGI, the district court's order should have required respondent to pay the purchase price set out in the Shareholders' Agreement and the Award and in exchange required EGI to tender its shares. View "EGI-VSR, LLC v. Juan Carlos Celestino Coderch Mitjans" on Justia Law
Berenguela-Alvarado v. Castanos
Mother filed suit under the Hague Convention, seeking the return of her daughter from Florida back to Chile. The district court found that mother made a prima facie case that father hand wrongfully retained daughter, but that mother had consented to the retention and thus was not entitled to the daughter's return.The Eleventh Circuit vacated and remanded, holding that the district court made critical errors of fact and law in its order. The court held that none of the testimony that father did give could be interpreted as constituting a denial that he threatened mother. The court also held that the district court improperly, but expressly, shifted the burden back to mother on the consent issue. Therefore, the district court erroneously treated her allegation that she signed the consent letter as a result of father's threat as a formal allegation of "duress" that she had to prove by a preponderance of the evidence. View "Berenguela-Alvarado v. Castanos" on Justia Law
Cvoro v. Carnival Corp.
Plaintiff appealed the denial of her petition to "vacate and/or alternatively to deny recognition and enforcement" of the foreign arbitral award in favor of her employer, Carnival, on her claims under the Jones Act and U.S. maritime law for injuries related to her carpal tunnel.The Eleventh Circuit affirmed the district court's denial of the petition, holding that plaintiff failed to establish that the foreign arbitral award offended the United States' most basic notions of morality and justice. Weighing the policies at issue and considering the specific unique factual circumstances of this case, the court held that plaintiff's Article V(2)(b) of the New York Convention defense failed. Therefore, the court held that the district court did not err in denying plaintiff's request that it refuse to enforce the arbitral award and dismissing her claims. View "Cvoro v. Carnival Corp." on Justia Law
Arias Leiva v. Warden
While in prison pending his surrender to Colombia, petitioner filed a petition for a writ of habeas corpus to block his extradition. The Eleventh Circuit affirmed the district court's denial of habeas relief, holding that, in accordance to the Department of State, both the United States and Colombia continue to recognize a previously nullified extradition treaty between the two countries as valid and in force. The court explained that, under the separation of powers established in and demanded by our Constitution, the Judicial Branch cannot second-guess that political judgment call or indulge whatever the court's own views on the matter may be. The court held that nothing in this case possibly requires the court to declare invalid Colombia's official acts, and thus the factual predicate for application of the act of state doctrine did not exist. View "Arias Leiva v. Warden" on Justia Law