No. 20-307

Shahrokh Mireskandari v. Barrington Mayne, et al.

Lower Court: Ninth Circuit
Docketed: 2020-09-09
Status: Denied
Type: Paid
Amici (2)Response Waived
Tags: common-law-immunity foreign-agents foreign-sovereign-immunities-act foreign-sovereign-immunity governmental-organ jurisdictional-immunity sovereign-immunity state-department tort-liability tortious-conduct uk-government
Key Terms:
AdministrativeLaw DueProcess
Latest Conference: 2020-11-06
Question Presented (AI Summary)

Whether the Law Society of England and Wales and the U.K. Solicitors Regulation Authority are entitled to sovereign immunity as 'organs' of a foreign government under the Foreign Sovereign Immunities Act

Question Presented (OCR Extract)

QUESTIONS PRESENTED This case arises from tortious and criminal conduct that two self-funded and self-governing foreign organizations—the Law Society of England and Wales (“LSE”) and the U.K. Solicitors Regulation Authority (““SRA”)— and individuals purporting to act on their behalf perpetrated against a U.S. citizen on U.S. soil. The Ninth Circuit held that the organizations were immune from jurisdiction and suit under the Foreign Sovereign Immunities Act (“FSIA”), 28 U.S.C. §§1603 et seq., as organs of the U.K., even though the U.K. itself does not consider them governmental entities. It further held the individual defendants were entitled to common law immunity because they purported to be acting on behalf of those organizations, even though they never registered as foreign agents; no suggestion of immunity was sought from or issued by the U.S. State Department; and there is no indication the U.K. ratified or approved the relevant conduct. The questions presented are: 1. Whether the LSE and SRA are entitled to sovereign immunity as “organs” of a foreign government under the FSIA and the relevant test for such determinations. 2. Whether the individual defendants were entitled to common law immunity for their tortious and illegal conduct because they purported to be acting for the benefit of the LSE or SRA with minimal discovery on the issue being permitted. (i)

Docket Entries

2020-11-09
Motion for leave to file amicus brief filed by Society of Black Lawyers GRANTED.
2020-11-09
Petition DENIED.
2020-10-21
DISTRIBUTED for Conference of 11/6/2020.
2020-10-09
Motion for leave to file amicus brief filed by Society of Black Lawyers.
2020-09-22
Waiver of right of respondents Richard Hegarty, et al. to respond filed.
2020-09-03
Petition for a writ of certiorari filed. (Response due October 9, 2020)

Attorneys

Richard Hegarty, et al.
Mark T. DrooksBird, Marella, Boxer, Wolpert, Nessim, Drooks, LIncenberg & Rhow, P.C., Respondent
Mark T. DrooksBird, Marella, Boxer, Wolpert, Nessim, Drooks, LIncenberg & Rhow, P.C., Respondent
Shahrokh Mireskandari
Becky Walker JamesJames & Associates, Petitioner
Becky Walker JamesJames & Associates, Petitioner
Society of Black Lawyers
Joseph Eric SandlerSandler Reiff Lamb Rosenstein & Birkenstock PC, Amicus
Joseph Eric SandlerSandler Reiff Lamb Rosenstein & Birkenstock PC, Amicus