United States Second Circuit

In an action brought in federal district court in New York against the state-owned oil company of Brazil for breach of the terms and conditions of certain bearer bonds by failing to convert the bonds into preferred shares, the district court's denial of the defendant's motion to dismiss for lack of subject matter jurisdiction is reversed, where neither clause 2 nor clause 3 of the commercial activities exception to foreign sovereign immunity as set forth in the Foreign Sovereign Immunities Act stripped the defendant of its immunity.

Appellate Information

• Decided 03/13/2012
• Published 03/13/2012

Judges

• Miner

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Carmine D. Boccuzzi, David B. Gordon