United States Tenth Circuit
Hansen v. PT Bank Negara Indonesia, 09-4052
In an action claiming that defendant Indonesian state bank refused to honor certain financial instruments on the grounds that they were fraudulent and not issued by defendant, the denial of defendant's motion for judgment on the pleadings based on sovereign immunity is affirmed where: 1) the district court's finding that defendant did not show by a preponderance of the evidence that none of its officers or employees actually participated in the alleged commercial activity was not clearly erroneous; and 2) the district court narrowly tailored its discovery order to the precise jurisdictional fact question presented.
Appellate Information
- Decided 04/13/2010
- Published 04/13/2010
Judges
Court
- United States Tenth Circuit