United States Ninth Circuit

In an ERISA action against various Egyptian government entities and persons based on the denial of health benefits, the district court's determination that it possessed subject matter jurisdiction over the Egyptian defendants under both the commercial activities exception and the waiver exception to the Foreign Sovereign Immunities Act is affirmed in part where entering into an agreement with a U.S. plan administrator and allegedly breaching that agreement constituted commercial activity by Egypt. However, the order is reversed in part where the district court erred in failing to address separately whether defendants were entitled to sovereign immunity against Egyptian national's and his estate's claims.

Appellate Information

• Argued 12/08/2009
• Decided 05/10/2010
• Published 05/10/2010

Judges

• Before MARY M. SCHROEDER and CONSUELO M. CALLAHAN, Circuit Judges, and CARLOS F. LUCERO, Circuit Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Randy M. Andrus, Andrus Attorneys, Folsom, CA, for Mohamed E. Lasheen., Laura D. Castner, Zuber & Tallieu LLP, Los Angeles, CA, for the Embassy of the Arab Republic of Egypt, Arab Republic of Egypt, and The Embassy of Egypt Cultural and Education Bureau., John S. Pierce, Barger & Wolen LLP, San Francisco, CA, for The Loomis Company.