Articles Posted in US Court of Appeals for the Eleventh Circuit

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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

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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

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The Eleventh Circuit affirmed the denial of the City's motions for judgment as a matter of law and for a new trial in an inverse condemnation action. In this case, the underlying dispute involved a beachfront parcel owned by plaintiffs, which experienced significant public usage. The court held that the evidence at trial supported the jury's finding that a physical taking occurred through the continuous occupation of plaintiffs' property by members of the general public where the City encouraged public occupation by placing beach access signs, clearing vegetation, creating nearby parking spaces, hosting events at the property, and refusing to remove trespassers. The court also held that there was no basis to grant a new trial. Finally, on the City's request for fee simple ownership of the beach parcel upon payment of the judgment—the court held that such relief was not warranted under Florida law and the district court did not abuse its discretion in denying the City's request to transfer title. The court held that the City has paid for, and was entitled to, a permanent easement across plaintiffs' beach property for the benefit of the public and directed the district court to amend its judgment to reflect this permanent easement. View "Chmielewski v. City of St. Pete Beach" on Justia Law

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In an in rem admiralty proceeding involving the wreckage of Spanish galleons, Fleet-Queens recovered approximately four hundred gold coins, among other treasures, from an area that Gold Hound had allegedly been salvaging while acting as a subcontractor for Fleet-Queens. Gold Hound filed suit claiming that this discovery was made using its proprietary maps and software, seeking to intervene in the in rem action to assert a maritime lien over some of these artifacts and to assert state law claims. The district court denied the motion to intervene and concluded that Gold Hound was not entitled to a maritime lien. The Eleventh Circuit held that the district court properly determined that it had and continues to have subject-matter jurisdiction over the res; Gold Hound should be granted leave to intervene in this proceeding to assert its in rem claims; and, on remand, the court deferred to the district court's discretion to determine whether to exercise supplemental jurisdiction over Gold Hound's state law claims. The court vacated the district court's denial of Gold Hound's motion to intervene and its denial of Gold Hound's claim to a maritime lien and remanded, because the court could not decide on the record whether Gold Hound may succeed because basic facts remain in dispute. View "Salvors, Inc. v. Unidentified Wrecked & Abandoned Vessel" on Justia Law