CitationM. Salimoff & Co. v. Standard Oil Co., 262 N.Y. 220, 186 N.E. 679, 1933 N.Y. LEXIS 937, 89 A.L.R. 345 (N.Y. 1933) Brief Fact Summary. When the Soviet government sold oil property confiscated from Russian nationals, Salimoff (P) claimed that the Soviet government did not have good title to pass. Synopsis of Rule of Law. No recovery in tort can be had in any other state when no right of action is created at the place of the wrong. ...
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Yousuf v Samantar
CitationYousuf v. Samantar, 552 F.3d 371, 2009 U.S. App. LEXIS 189 (4th Cir. Va. Jan. 8, 2009) Brief Fact Summary. The suit the natives of Somalia (P) brought against Samantar (D) was based on their claims that they were victims of acts of torture and that their human rights were violated by the agents of the Somali government under the command of Samantar (D). The Natives brought this suit under the Torture Victim Protection Act of 1991 and on Samantar (D) on his part claimed immunity under the Foreign Sovereign Immunities Act (FSIA). Synopsis of Rule of Law. Individual officials of a fore ...
Prosecutor v. Milutinovic et al
View this case and other resources at: Citation. Int’l Crim. Trib. For the former Yugoslavia, I.C.T.Y. Case No. IT-05-87-T, Summary of Trial Chamber Judgment (Feb. 26. 2009). Brief Fact Summary. Yugoslavian government officials or Serbians, who were accused of participating in a joint criminal enterprise to modify the ethnic balance in Kosovo, instigating, aiding and abetting various war crimes and crimes against humanity, as set out in Articles 7(1) and 7(3) of the Statute of the Tribunal of the International Criminal Tribunal for the former Yugoslavia, to further the goals of the crimin ...
Austria v. Altmann
CitationRepublic of Aus. v. Altmann, 541 U.S. 677, 124 S. Ct. 2240, 159 L. Ed. 2d 1, 2004 U.S. LEXIS 4030, 72 U.S.L.W. 4423, 17 Fla. L. Weekly Fed. S 333 (U.S. June 7, 2004) Brief Fact Summary. The United States federal courts hearing of an action brought by Altmann (P) was strongly contended by Austria (D) on the premise that the United States federal courts did not have the jurisdiction to entertain the case. Austria also claimed that the displayed art in an Austrian Museum which was highly valuable was obtained unlawfully during and after the World War II and that the art rightly belonge ...
Barcelona Traction, Light and Power Company, Ltd. (Belgium v. Spain)
View this case and other resources at: Citation. I.C.J. 1970 I.C.J. 3. Brief Fact Summary. An actions for damages against Spain (D) on the premise that its nationals as shareholders of the Barcelona Traction Co., incorporated and registered in Canada had been seriously harmed by Spain’s (D) actions resulting in expropriation, was brought by Belgium (P). Synopsis of Rule of Law. The state of the shareholders of a corporation has a right of diplomatic protection only when the state whose responsibility is invoked is the national state of the company. ...
Texaco Overseas Petroleum Co. v. Libya
Citation17 I.L.M. 1; (1978) Citation. Int’l Arbitral Award, 104 J. Droit Int’l 350 (1977), translated in 17 I.L.M. 1 (1978) Brief Fact Summary. A decree which attempted to nationalize all of Texaco’s (P) rights, interest and property in Libya was promulgated by Libya (D). Synopsis of Rule of Law. Whenever reference is been made to general principles of law in the international arbitration context, it is always held to be a sufficient criterion for the internationalization of a contract. ...
Tecnicas Medioambientales Tacmed S.A.(“Tecmed”) v. Mexico
View this case and other resources at: Citation. Int’l Centre for Settlement of Investment Disputes, ICSID Case No. ARB (AF)/00/2, Award, 43 I.L.M. 133 (2004). Brief Fact Summary. A suit was filed against Mexico (D) by Technicas Medioambientales Tecmed S.A. (Claimant) (P) a Spanish company, on the premise that its investment in Tecmed, Technicas Medioambientales de Mexico, S.A, a Mexican company, which also owned Cytrar, S.A. de C.V. (Cytrar) a Mexican company too, was expropriated by Mexico (D) by refusing to renew Cytrar’s annual license to run a hazardous industrial waste landfil ...
Permanent Mission of India to the United Nations v. City of New York
CitationPermanent Mission of India to the UN v. City of New York, 551 U.S. 193, 127 S. Ct. 2352, 168 L. Ed. 2d 85, 2007 U.S. LEXIS 7720, 75 U.S.L.W. 4433, 20 Fla. L. Weekly Fed. S 350 (U.S. June 14, 2007) Brief Fact Summary. When New YORK City (City) (P) sought declaratory judgments for tax liens it had on buildings owned by India (D) and Mongolia (D) which were valid to the extent the building were used to accommodate diplomatic employees, India (D)and Mongolia (D) contended that they were immune under the Foreign Sovereign Immunities Act from New York City’s suit. Synopsis of Rule o ...
Fireman’s Fund Insurance Co. v. Mexico
View this case and other resources at: Citation. Int’l Centre for Settlement of Investment Disputes, ICSID Case No. ARB (AF)/02/1 Award, July 17, 2006. Brief Fact Summary. An arbitration against Mexico (D) for the expropriation of its property was sought by Fireman’s Fund Insurance Company (Fireman’s Fund) (P), a U.S. insurance company which owned debentures issued by a Mexican financial services company. Synopsis of Rule of Law. A taking (which includes destruction) that is permanent and either de jure or de facto, direct or indirect, in the form of a single measure or sever ...
Ahmadou Sadio Diallo (Guinea v. Democratic Republic of the Congo)
View this case and other resources at: Citation. I.C.J., 2007 I.C.J. ____. Brief Fact Summary. A state responsibility, diplomatic protection case on behalf of its national, Diallo, was filed by the Republic of Guinea (Guinea) (P) against the Democratic Republic of Congo (D.R.C.) (D) for allegedly violating Diallo’s right; however, Guinea’s (P) claims were contended by the D.R.C (D) as inadmissible because local remedies had not been exhausted. Synopsis of Rule of Law. As a matter of grace, the possibility of reconsideration by an administrative authority of an administrative de ...
Permanent Mission of India to the United Nations v. City of New York
Citation551 U.S. 193 (2007) Brief Fact Summary. When New YORK City (City) (P) sought declaratory judgments for tax liens it had on buildings owned by India (D) and Mongolia (D) which were valid to the extent the building were used to accommodate diplomatic employees, India (D)and Mongolia (D) contended that they were immune under the Foreign Sovereign Immunities Act from New York City’s suit. Synopsis of Rule of Law. A foreign government is not immunized from a lawsuit to declare the validity of tax liens on property held by the sovereign for the purpose of accommodating its employees ...
Siderman de Blake v. Republic of Argentina
CitationSiderman de Blake v. Republic of Argentina, 965 F.2d 699, 1992 U.S. App. LEXIS 11518, 92 Cal. Daily Op. Service 4340, 92 Daily Journal DAR 6945 (9th Cir. Cal. May 22, 1992) Brief Fact Summary. The Sidermans (P) fled to the United States after the military junta in Argentina (D) tortured Jose Siderman and threatened his family with death. These complaints were later filed by the Sidermans (P) in the U.S, while filing for damages in relation to the torture and the expropriation of their property. Synopsis of Rule of Law. A right which deserves the highest status under international la ...
Crabby’s Inc. v. Hamilton
CitationMo. Ct. App., 244 S.W.3d 209 (2008) Brief Fact Summary. The refusal of Paragon Ventures, L.L.C and Hamilton (collectively, “Buyers (D)”) (D) to close an agreement t purchase real estate from Crabby Inc. (Seller) (P), led to the suit of breach of contract against the Buyers (D) (D) in which the Seller (P) prevailed but the Buyers (D) (D) alleged that the trial court had erred in calculating Seller’s (P) damages because a financing contingency provision in the agreement had not been waived. Synopsis of Rule of Law. (1) A condition in a real estate contract is waived w ...
Chen v. Chen
CitationSup. Ct., 893 A 2d 87 (2006) Brief Fact Summary. Theresa (Daughter of Richard Chen (Father (D)) (D)) intervention in a support action brought against Richard Chen (D) by his former wife and Mother (P) of his Daughter, Wheamei Chen (P) was contended by Richard Chen (D) on the ground that his Daughter was only an incidental beneficiary, not an intended beneficiary of the property settlement agreement (Agreement) at issue. Synopsis of Rule of Law. An action to enforce support provisions of a parent’s property settlement agreement, where the support payments are t ...
Beaver v. Brumlows (D)
CitationN.M. Ct App., 148 N.M. 172, 231 P.3d 628 (2010) Brief Fact Summary. the contention of the Beavers (P) who had orally agreed to sell land to the Brumlows (D) reneged on the agreement on the ground that the statute of fraud prevented specific performance of the agreement because the part performance of the Brumlows (D) was not “unequivocally referable” to the verbal agreement, of which the verbal agreement was not certain as to the purchase price and time of performance. Synopsis of Rule of Law. the statute of fraud does not bar the specific performance of an oral contract ...
Aceves (P) v. U.S. Bank, N.A
CitationCal. Ct. App. 120 Cal. Rptr. 3d 507 (2011) Brief Fact Summary. Aceves (P) contended that the mortgagee, U.S. Bank, N.A. (U.S. Bank) (D) was promissorily estopped from foreclosing her house after she defaulted on her mortgaged house, basis her reason on the fact that her reliance on U.S. Bank’s (D) promise to work with her to reinstate and modify her loan is now detrimental to her as she forewent the opportunity to save her home by converting a chapter 7 bankruptcy case to a chapter 13 case. But the house was foreclosed without the U.S. Bank ever commencing negotiations to ...
Harvey v. Dow
CitationMaine Sup. Ct., 962 A.2d 322 (2008). Appeal after remand. 11 A.3d 308 (2011) Brief Fact Summary. Dows’ (D) daughter, Harvey (P), contended that the Dows’ (D) general promises was to transfer some of their land to her and that the actions of her father, Jeffery Sr. (D), which included the approval of the site of her house, obtaining a building permit for it and building a substantial part of it himself at the same location supported a claim for promissory estoppel which points to the fact that the Dows (D) were promissorily estopped from conveying a deed to a parcel of land on whic ...
Wait v. Travelers Indemnity Co. of Illinois
CitationWait v. Travelers Indem. Co., 240 S.W.3d 220, 2007 Tenn. LEXIS 1033 (Tenn. Nov. 16, 2007) Brief Fact Summary. Kristina Wait (P) was attacked by an acquaintance whom she let into her home office while working. Synopsis of Rule of Law. Under the workers’ compensation act, a compensable injury is one which occurs as a result of and in the process of the plaintiff’s occupation. ...
DeShaney v. Winnebago County Dept. of Social Services
CitationDeshaney v. Winnebago County Dep’t of Social Services, 489 U.S. 189 (U.S. Feb. 22, 1989) Brief Fact Summary. DeShaney was abused by his father. He sued the county officials for constitutional right violation by failing to remove him from his father’s custody despite their knowledge of the abuse. Synopsis of Rule of Law. Government officials are not violating a minor’s civil rights if they fail to remove him from the custody of a violent guardian, even if they know about the violence of the guardian. ...
Paragon Molding, Ltd v. Safeco Insurance Company
Citation2010 WL 2386355 (S.Ohio 2010) Brief Fact Summary. A fire broke out at one of Paragon Molding’s (P) facilities. The insurer deposited funds to cover claims against Paragon Molding (P) with the court. All claimants, individual or corporate, were required to interplead as joined defendants. Synopsis of Rule of Law. When interpleaded funds are to be distributed, the district court functions as a court of equity to determine the distribution of such funds, and having the flexibility to offer completely equitable remedies to each party. ...
Watchtower Bible and Tract Society of New York v. Village of Stratton
Citation536 U.S. 150 (2002) Brief Fact Summary. The village of Stratton (D) required anyone wishing to do door-to-door canvassing to register with the mayor and to obtain a permit, under an ordinance. The Watchtower Bible and Tract Society of New York (P) filed a suit seeking an injunction against the ordinance. Synopsis of Rule of Law. A municipal ordinance which requires a prospective door-to-door canvasser to register and obtain a prior permit violates the First Amendment. ...
Kahn v. Shevin
Citation416 U.S.351 (1974) Brief Fact Summary. Kahn (P) was a widower in Florida who sued the state of Florida (D) on the grounds that the statute enabling widows but not widowers to claim a property tax exemption was arbitrary. Synopsis of Rule of Law. A state tax law cannot be held to be arbitrary if it discriminates in favor of a certain class because of certain differences in the class or the state policy which do not clash with the federal constitution. ...
State Farm Fire and Casualty Co. v. Century Home Components
CitationOr. Sup. Ct., 275 Or. 97, 550 P.2d 1185 (1976) Brief Fact Summary. State Farm Fire & Casualty Co. (P) and many others claimed that fire had been allowed to start and spread causing property harm, by the negligence of Century Home (D). Synopsis of Rule of Law. If the judicial verdicts on a certain issue do not agree with each other, subsequent relitigation of that issue cannot be stopped using collateral estoppel. ...
Searle Brothers v. Searle
CitationUtah Sup. Ct., 588 P.2d 689 (1978) Brief Fact Summary. Searle Bros. (P) claimed a half-share in Slaugh House, rights to which had been granted to Searle (D) during divorce proceedings. Synopsis of Rule of Law. If two persons share identical interest such that either of them represents the same legal right, they are privies. ...
Haddle v. Garrison
Citation525 U.S. 121 (1998) Brief Fact Summary. An employer allegedly conspired to lay off his employee, Haddle (P) to prevent him from giving testimony at a federal criminal trial, upon which Haddle sued him. Synopsis of Rule of Law. A property interest which is protected by the constitution does not have to sustain harm if a Civil Rights claim under section 1985 (2) is to be filed. ...