United States Fourth Circuit

Plaintiff successfully challenged dismissal of its lawsuit for lack of subject matter jurisdiction under the Foreign Sovereign Immunities Act, where defendant's activity did constitute a "commercial activity," and it therefore should not have been granted immunity.

Appellate Information

• Decided 07/22/2004
• Published 07/22/2004

Judges

• Before WILKINS, Chief Judge, LUTTIG, Circuit Judge, and FLANAGAN, United States District Judge for the Eastern District of North Carolina, sitting by designation.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Andrew Kelly Fletcher, Pepper Hamilton, L.L.P., Pittsburgh, Pennsylvania, for Appellant.  Carolyn Beth Lamm, White & Case, Washington, D.C., for Appellee.   ON BRIEF:  John C. Hansberry, Richard M. Weibley, Pepper Hamilton, L.L.P., Pittsburgh, Pennsylvania;  Charles H. Carpenter, Pepper Hamilton, L.L.P., Washington, D.C., for Appellant.  Frank Panopoulos, R. Shawn Gunnarson, Nicole Erb, Paul F. Stone, White & Case, Washington, D.C., for Appellee.