United States DC Circuit

Dismissal, for lack of subject matter jurisdiction, of a complaint brought against a subdivision of China under the Foreign Sovereign Immunities Act (FSIA) is affirmed where a "commercial activity" exception in the FSIA was inapplicable to defendant's challenged act and its action was quintessentially sovereign for purposes of immunity.

Appellate Information

• Argued 12/05/2005
• Decided 07/07/2006
• Published 07/07/2006

Judges

• Before:  HENDERSON, ROGERS and TATEL, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Bert W. Rein argued the cause for the appellants.  Charles O. Verrill, Jr., John A. Hodges, Thomas W. Queen and M. Evan Corcoran were on brief.


• For Appellees:
  
• Craig A. Hoover argued the cause for the appellee.  Jonathan S. Franklin, Christopher T. Handman and Jessica L. Ellsworth were on brief.