United States Eighth Circuit

On the facts alleged in complaint, defendant, a company owned by the government of the People's Republic of China, was not entitled to immunity from suit under the Foreign Sovereign Immunities Act of 1976 since the suit was based on defendant's commercial activity carried on in the U.S.; because defendant lacked sovereign immunity, the district court erred in finding it lacked subject matter jurisdiction over the complaint.

Appellate Information

• Decided 04/03/2002
• Published 04/03/2002

Judges

• BYE, Circuit Judge., Before:  WOLLMAN, RICHARD S. ARNOLD and BYE, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Daniel L. Brockett, Cleveland, OH, argued (James W. Satola, James B. Rosenthal, Squire, Sanders & Dempsey, L.L.P., Cleveland, OH, and Charles A. Weiss, Mark S. Deiermann, Bryan Cave, L.L.P., St. Louis, MO, on the brief), for Plaintiff-Appellant BP Chemicals Ltd.


• For Appellees:
  
• Salem M. Katsh, New York City, argued (Jaculin Aaron, Alex V. Chachkes, Shearman & Sterling, New York City and Michael D. O'Keefe, Kenton E. Knickmeyer, Thompson Coburn LLP, St. Louis, MO, on the brief), for Defendants-Appellees Jiangsu Sopo Corp. (Group) Ltd., and Zhenjiang Chemical Plant.