Comparelli v. Republica Bolivariana De Venezuela

Plaintiffs filed suit against the República Bolivariana de Venezuela and Petroquimica de Venezuela, S.A., alleging unlawful expropriation of their property in violation of international law. The district court dismissed the complaint for lack of subject-matter jurisdiction and denied their motion for leave nunc pro tunc to file an amended complaint. While the case was pending, the Supreme Court issued Bolivarian Republic of Venezuela, et al. v. Helmerich & Payne Int'l Drilling Co., 137 S. Ct. 1312 (2017), which detailed the showing that plaintiffs such as the ones in this case must make in order to have jurisdiction over a foreign state in United States courts under the expropriation (i.e., takings) exception of the Foreign Sovereign Immunities Act, 28 U.S.C. 1605(a)(3). The court remanded for the district court to permit plaintiffs to file an amended complaint and, after defendants have responded, to address whether the domestic takings rule applied and whether jurisdiction existed under the FSIA's expropriation exception. View "Comparelli v. Republica Bolivariana De Venezuela" on Justia Law