United States Second Circuit

In a tort suit against an instrumentality of the Republic of Namibia stemming from construction work on its New York chancery building, a district court order denying sovereign immunity is affirmed, where the tortious activity exception to the Foreign Sovereign Immunities Act applied, since: 1) the defendant was under a nondelegable duty, pursuant to regulation, to ensure that the structural integrity of a party wall was maintained during construction, and thus there was a potential tort under New York law; and 2) the defendant did not retained its immunity under the "discretionary function" exception, as its alleged failure to ensure the integrity of the wall constituted a violation of the mandatory regulation.

Appellate Information

• Decided 05/25/2012
• Published 05/25/2012

Judges

• Jose A. Cabranes

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Robert William Phelan, Jay M. Levin