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United States Second Circuit


Carpenter v. Repub. of Chile, 09-3743

In an action claiming that plaintiff was subject to abuse by the courts of Chile in a criminal case that was initiated in Santiago, Chile over ten years ago, the dismissal of the action is affirmed in part where: 1) the district court did not err in dismissing plaintiff's claims against the Republic of Chile based on its sovereign immunity; and 2) plaintiff could not assert a claim on behalf of British Airways against a third party. However, the judgment is vacated in part where the district court needed to determine, in the first instance, whether plaintiff's claims against the government officials of Chile were barred by foreign sovereign immunity under the common law.

Appellate Information

  • Decided 06/28/2010
  • Published 06/28/2010

Judges

  • Per Curiam

Court

  • United States Second Circuit

Counsel

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