Iran-United States Claims Tribunal, Case No. A/18
Brief

View this case and other resources at: Citation. No. 32-A/18-FT, 5 Iran-U.S. Cl. Trib. Rep. 251 (1984-1) Brief Fact Summary. A suit was filed against Iran (D) in an arbitral tribunal in the Hague by people with dual Iranian-U.S. citizenship (P) under a claim Settlement Declaration, which was part of the Algiers Accords reached in the aftermath of the 1979 Iranian seizure of U.S. diplomatic and consular personnel in Iran (D) as hostages. The jurisdiction of the tribunal was however challenged by Iran. Synopsis of Rule of Law. If the dominant and effective nationality of the claimant is that ...

First National City Bank v. Banco Para El Comercio Exterior de Cuba
Brief

CitationFirst Nat’l City Bank v. Banco Para El Comercio Exterior De Cuba, 462 U.S. 611, 103 S. Ct. 2591, 77 L. Ed. 2d 46, 1983 U.S. LEXIS 69, 51 U.S.L.W. 4820 (U.S. June 17, 1983) Brief Fact Summary. First National City Bank (now Citibank) (D) claimed that the payment on a letter of credit issued before the Cuban government nationalized all assets would be settled with the value of its assets seized in Cuba against a claim by Banco Para El Comercio Exterior de Cuba (Bancec) (P). Synopsis of Rule of Law. Attributing liability among instrumentalities of a foreign state is not affected b ...

Fireman’s Fund Insurance Co. v. Mexico
Brief

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 ...

Filartiga v. Pena-Irala
Brief

CitationFilartiga v. Pena-Irala, 630 F.2d 876, 1980 U.S. App. LEXIS 16111 (2d Cir. N.Y. June 30, 1980) Brief Fact Summary. A suit against Pena-Irala (D) on the premise that he had tortured to death the decedent of Filartiga (P), was filed by Filartiga (P). Synopsis of Rule of Law. For purpose of the Allen Tort Statute, torture may be considered to violate law of nations. ...

Dole Food Company v. Patrickson.538 U.S. 468 (2003)
Brief

CitationDole Food Co. v. Patrickson, 538 U.S. 468, 123 S. Ct. 1655, 155 L. Ed. 2d 643, 2003 U.S. LEXIS 3242, 71 U.S.L.W. 4301, 2003 Cal. Daily Op. Service 3360, 2003 Daily Journal DAR 4217, 188 A.L.R. Fed. 661, 16 Fla. L. Weekly Fed. S 225 (U.S. Apr. 22, 2003) Brief Fact Summary. The contention between Dead Sea Bromine Co, and  Bromine Compounds Ltd (jointly, the Dead Sea Companies (D)) and others (Dole petitioners) (D) in a state-court tort action was that as subsidiaries of an instrumentality of Israel, they had the right to remove the case to federal district court under the F ...

Eritrea Ethiopia Claims Commission, Partial Awards, Civilian Claims, Eritrea’s Claim 15, 16, 23 & 27-32
Brief

Citation44 I.L.M. 601 Brief Fact Summary. Nationals who voted for the creation of an independent state of Eritrea (P) were denationalized by Ethiopia (D). This action was challenged by Eritrea. Synopsis of Rule of Law. Persons whose second nationality is that of an enemy state may in time of war be denationalized by another state, provided denationalization is not arbitrary. ...

Application of the Convention on the Prevention and Punishment of the Crime of Genocide (Bosnia and Herzegovina v. Serbia and Montenegro)
Brief

View this case and other resources at: Citation. 2007 I.C.J. 191. Brief Fact Summary. Bosnia and Herzegovina (P) brought suit against the Federal Republic of Yugoslavia (Serbia and Montenegro) (D) in the International Court of Justice in 1993, on the grounds of violations of the Convention on the Prevention and Punishment of the Crime of Genocide. Synopsis of Rule of Law. Under International law, the conduct of any state organ is to be considered an act of the state, therefore giving rise to the responsibility of the state if the conduct constitutes a breach of an international obligation ...

Arrest Warrant of 11 April 2000 (Democratic Republic of the Congo v. Belgium)
Brief

View this case and other resources at: Citation. I.C.J. 2002 I.C.J. 3. Brief Fact Summary. Belgium’s (D) international arrest warrant against the Democratic Republic of Congo’s (D.R.C.) (P) foreign minister was contended by the D.R.C. (P) on the ground that the arrest contravened international law by purporting to exercise jurisdiction over another state’s foreign minister and an order of provisional measures of protection on the ground that the warrant effectively prevented the foreign minister from leaving the D.R.C. (P) was sought by the defendant Synopsis of Rule of L ...

Armed Activities on the territory of the Congo (Democratic Republic of the Congo v. Rwanda)
Brief

View this case and other resources at: Citation. I.C.J., 2006 I.C.J. 126 Brief Fact Summary. Rwanda (D) challenged the jurisdiction of the International Court of Justice when a suit was filed against her by the Democratic Republic of the Congo (P). Synopsis of Rule of Law. The International Court of Justice lacks jurisdiction based on a treaty in which one party to such a treaty excludes dispute settlement obligations under the treaty before becoming a party, and fails to take formal acts to bring about withdrawal of the reservation. ...

Ahmadou Sadio Diallo (Guinea v. Democratic Republic of the Congo)
Brief

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 ...

Argentine Republic v. Amerada Hess Shipping Corp
Brief

CitationArgentine Republic v. Amerada Hess Shipping Corp., 488 U.S. 428, 109 S. Ct. 683, 102 L. Ed. 2d 818, 1989 U.S. LEXIS 581, 57 U.S.L.W. 4121, 1989 AMC 501 (U.S. Jan. 23, 1989) Brief Fact Summary. By basing its suit under the Alien Tort Statute, a pair of Liberian corporations (P) sought to sue the Argentine Republic (D) in the United States courts. Synopsis of Rule of Law. Jurisdiction over foreign states is not conferred under the Alien Tort Statute. ...

Gates v. Syrian Arab Republic
Brief

CitationGates v. Syrian Arab Republic, 580 F. Supp. 2d 53, 2008 U.S. Dist. LEXIS 73975 (D.D.C. Sept. 26, 2008) Brief Fact Summary. Because of Syria’s (D) active support of the al-Qaeda in Iraq, the families (P) of U.S. civilian contractors, Armstrong and Hensley, who were slain by al-Qaeda by beheading, alleged that the Syrian Arab Republic (Syria) (D), its president  (D) and its intelligence minister (D) were liable under the FSIA for money damages for the beheadings. Synopsis of Rule of Law. (1) in a situation where the plaintiffs asserts that they are victims of state s ...

Permanent Mission of India to the United Nations v. City of New York
Brief

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
Brief

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 ...

Saudi Arabia v. Nelson
Brief

CitationSaudi Arabia v. Nelson, 507 U.S. 349, 113 S. Ct. 1471, 123 L. Ed. 2d 47, 1993 U.S. LEXIS 2398, 61 U.S.L.W. 4253, 93 Cal. Daily Op. Service 2039, 93 Daily Journal DAR 3620, 93 Daily Journal DAR 3772, 7 Fla. L. Weekly Fed. S 90 (U.S. Mar. 23, 1993) Brief Fact Summary. The suit Nelson (P) filed against Saudi Arabia (D) for wrongful arrest, imprisonment and torture was contended by the defendant who claimed foreign sovereign immunity from the subject matter jurisdiction of the federal courts. Synopsis of Rule of Law. Unless the action is based upon a commercial activity in the manner of ...

The Schooner Exchange v. McFaddon
Brief

CitationThe Schooner Exch. v. McFaddon, 11 U.S. 116, 3 L. Ed. 287, 1812 U.S. LEXIS 377, 7 Cranch 116 (U.S. Mar. 2, 1812) Brief Fact Summary. Two Americans (P) laid claims of ownership and entitlements to the schooner Exchange. Synopsis of Rule of Law. National ships of war are viewed as been exempted by consent of the power of the friendly jurisdiction whose port the ship enters. ...

Paul Gottlied & Co., Inc v. Alps South Corp
Brief

CitationFia. Ct. App., 985 So. 2d 1 (2007) Brief Fact Summary. the removal of a limitation of liability clause on the back of the standardized finished goods contract of Paul Gottlieb & Co., Inc. did not materially alter the contract it had with Alps South Corp, (Alps) (D), so that as a matter of law, the clause should not have been removed from the contract, and therefore, the clause served to limit Gottlieb’s (P) liability to Alps (D) for consequential damages. Synopsis of Rule of Law. the limitation of limited liability clause found on the back of a standardized contract for the ...

People v. Chun
Brief

CitationCal. Sup. Ct., 203 P.3d 425 (2009) Brief Fact Summary. At trial, Chun (D) owned up that he had shot and killed a person, injured two others. But he maintained that he had merely wanted to scare the victims and did not aim his gun at anyone in particular. Synopsis of Rule of Law. When a felony merges with homicide in a situation where the underlying felony in a felony murder case is assaultive in nature, this cannot serve as a basis for a felony murder jury instruction. ...

Commonwealth v. Sherry
Brief

CitationMass. Sup. Jud. Ct. 386 Mass. 682. 437 N.E. 2d 224 (1982) Brief Fact Summary. Sherry’s (D) argument when he was charged with rape was that he had believed the victim consented to sex. Synopsis of Rule of Law. A subjective belief is no defense to a rape charge on the ground that the victim consented. ...

Reier Broadcasting Company, Inc. v. Kramer
Brief

CitationMont. Sup. Ct., 316 Mont. 301, 72 P.3d 944 (2003) Brief Fact Summary. The contention Reier Broadcasting Company Inc. (Reier) (P) had with Kramer (D) was that the personal services employment it had with Kramer (D) was not subject to a state statute that prohibited the use of an injunction to prevent a breach of contract that could not be specifically enforced. Synopsis of Rule of Law. A statute which applies to a negative covenant in a personal services employment agreement and which provides that an injunction may not prevent the personal services from being performed elsewhere duri ...

Barrie School v. Patch
Brief

CitationMd. Ct. App. (highest Court), 401 Md. 497. 933 A 2d 382 (2007) Brief Fact Summary. The contention of the Barrie School (P) was that it was not required to lessen damages where the liquidated damages provisions of its enrollment contract were valid and did not constitute a penalty, so that the Patches (D), who had breached the enrollment contract were asked to settle the liquidated damages. Synopsis of Rule of Law. Where parties concur to a valid liquidated sum in the event of a breach, a non-breaching party has no duty to mitigate damages. ...

Crabby’s Inc. v. Hamilton
Brief

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
Brief

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 ...

In re Checking Account Overdraft Litigation
Brief

Citation694 F. Supp. 2d 1302 (S.D. Fla. 2010) Brief Fact Summary. the overdraft fees charged by the federally chartered banks (Banks) (D) on the accounts on debit card transactions was contended by the checking account customers on the ground that the charges were exorbitant. This was done by charging the fee to the customers’ account on a “largest to smallest” basis and this move resulted in increased revenue for the Banks (D). Among the several ground in which the Bank (D) to dismiss the case was federal preemption; which stipulates that the customers’ (P) contracts ...

Higgins v. Superior Court of Los Angeles County
Brief

CitationCal. Ct. App., 140 Cal. App. 4th 1238; 45 Cal. Rptr. 3d 293 (2006) Brief Fact Summary. The arbitration provisions of a written agreement and the release which compelled arbitration of claims arising from the production and broadcast of a television program were contended by the Higginses (P) on the ground that these were unconscionable. Synopsis of Rule of Law. When an arbitration clause in a written agreement is unconscionable and is being challenged, the clause and not the whole agreement may not be enforced. ...