United States DC Circuit

In an action brought by plaintiff in order regain possession of certain religious books, manuscripts, and documents taken by the Russian government decades ago, dismissal of claims as to certain property and partial denial of defendant's sovereign immunity claim are affirmed in part and reversed in part where: 1) plaintiff satisfied the Foreign Sovereign Immunities Act jurisdictional requirement as to all the property at issue; 2) the district court did not abuse its discretion in rejecting the application of forum non conveniens; 3) the court properly rejected defendant's motion to dismiss on act of state grounds; and 4) a ruling that the act of state doctrine operated as an alternative ground for the partial dismissal of plaintiff's claims required vacatur.

Appellate Information

• Argued 03/17/2008
• Decided 06/13/2008
• Published 06/13/2008

Judges

• Before:  HENDERSON, Circuit Judge, and EDWARDS and WILLIAMS, Senior Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellees:
  
• James H. Broderick, Jr. argued the cause for appellants/cross-appellees.   With him on the briefs was Donald T. Bucklin., Nathan Lewin argued the cause for appellee/crossappellant.   With him on the briefs were Marshall B. Grossman, Seth M. Gerber, Alyza D. Lewin, and William B. Reynolds.