No. 21-702

Shahen Minassian v. Seda Galstian Aghaian, et al.

Lower Court: California
Docketed: 2021-11-12
Status: Denied
Type: Paid
Response Waived
Tags: equitable-remedy executive-orders executive-power federal-preemption illegal-contract international-emergency-economic-powers-act international-trade-sanctions iran-sanctions iranian-transactions-and-sanctions-regulations national-security
Key Terms:
Environmental SocialSecurity Securities Immigration
Latest Conference: 2021-12-10
Question Presented (AI Summary)

Whether a state court may fashion an equitable remedy for enforcement of an illegal contract for services concerning blocked property prohibited by international trade sanctions regulations promulgated by the Executive to deter terrorism under the International Emergency Economic Powers Act

Question Presented (OCR Extract)

QUESTION PRESENTED FOR REVIEW Every President of the United States since President Carter has recognized that Iran presents a unique and compelling threat to world peace and the safety of Americans at home and abroad. In a series of executive orders pursuant to the International Emergency Economic Powers Act, the Executive has promulgated regulations now known as the Iranian Transactions and Sanctions Regulations (ITSR) that prohibit all trade with Iran and its government, subject to limited licenses. In this case, the parties entered into an illegal contract to redeem and sell vast tracts of real property in Iran—providing renumeration to the Government of Iran in the process. Recognizing that the contract was illegal and unenforceable under the ITSR, the California court nonetheless fashioned an equitable remedy under state authority permitting equitable enforcement of an illegal contract. The question presented is: Whether a state court may fashion an equitable remedy for enforcement of an illegal contract for services concerning blocked property prohibited by international trade sanctions regulations promulgated by the Executive to deter terrorism under the International Emergency Economic Powers Act.

Docket Entries

2021-12-13
Petition DENIED.
2021-11-23
DISTRIBUTED for Conference of 12/10/2021.
2021-11-17
Waiver of right of respondent Seda G. Aghaian, et al. to respond filed.
2021-11-09
Petition for a writ of certiorari filed. (Response due December 13, 2021)

Attorneys

Seda G. Aghaian, et al.
Steven S. FleischmanHorvitz & Levy LLP, Respondent
Steven S. FleischmanHorvitz & Levy LLP, Respondent
Shahen Minassian
Joshua Reuben FurmanJoshua R. Furman Law, Petitioner
Joshua Reuben FurmanJoshua R. Furman Law, Petitioner