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Cassirer v. Thyssen-Bornemisza Collection Foundation

Issues

Must a federal court hearing state law claims brought under the Foreign Sovereign Immunities Act apply the forum state’s choice-of-law rules or federal common law to determine what substantive law governs the claims at issue?

This case asks the Supreme Court to consider whether a federal court should apply the forum state's choice-of-law rules or federal common law in cases brought against a foreign state under the Foreign Sovereign Immunities Act (“FSIA”). Petitioner David Cassirer contends that the forum state's choice-of-law rules should apply, arguing that Congress intends state law to apply so that results in cases against a foreign national and against a foreign state are the same. Thus, Cassirer argues that, in this case, California substantive law should apply. In response, Respondent Thyssen-Bornemisza Collection Foundation (“TBCF”) contends that federal common law should apply because jurisdiction under FSIA is more analogous to federal question jurisdiction rather than diversity jurisdiction. In this case, TBCF argues that Spanish law should govern. This case has important policy implications for foreign relations, international justice, and the separation of powers.

Questions as Framed for the Court by the Parties

Whether a federal court hearing state law claims brought under the Foreign Sovereign Immunities Act must apply the forum state’s choice of law rules to determine what substantive law governs the claims at issue, or whether it may apply federal common law.

In Nazi Germany, in 1939, Lilly Neubauer—David Cassirer’s great-grandmother—was forced to “sell” a Pissarro painting to a Berlin art dealer. Cassirer v. Thyssen-Bornemisza Collection Foundation  at 6. The Nazi government demanded that Lilly sell the painting under threat of imprisoning her in Germany. Id. Both parties and the district court have concluded that the painting was forcibly taken from Lilly.

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Walden v. Fiore

Issues

  1. Can a court exercise personal jurisdiction over a defendant whose only contact with the forum state is his knowledge that the plaintiffs had contacts with the state?
  2. Is the district where a plaintiff suffered injury a proper venue if all of the alleged events giving rise to the claim were committed by the defendant in a different district?

In August 2006, Respondents Gina Fiore and Keith Gipson returned from San Juan, Puerto Rico, to their home in Las Vegas after passing through Atlanta, Georgia. Fiore and Gipson are professional gamblers and had traveled to San Juan to legally gamble. Upon arriving in Atlanta, Fiore and Gipson were detained by Petitioner, DEA agent Anthony Walden, who confiscated Fiore’s and Gipson’s winnings on suspicion that the money was tied to illegal drug activity. Fiore and Gipson sued Walden in Nevada for the return of the money. The district court dismissed the suit for lack of personal jurisdiction over Walden. The Ninth Circuit reversed, finding that the requirements of personal jurisdiction and proper venue had been satisfied. Walden argues that Nevada lacks personal jurisdiction over him because he has no contacts with the state—besides his knowledge that Fiore and Gipson reside there—and because it would be unfair to subject a defendant to a forum based on a plaintiff’s residence that is different from the forum where the actions giving rise to the claim occurred. Fiore and Gipson respond that Walden intentionally directed his actions toward residents of Nevada, thereby harming Nevada residents, making Nevada a proper state to exercise personal jurisdiction. The Supreme Court will decide whether a court can exercise personal jurisdiction over a defendant whose only contact with the forum state is his knowledge that the plaintiffs reside there. The outcome will address a basic question about how far courts can extend their jurisdiction, and thereby impact a threshold issue in any lawsuit: where plaintiffs can sue.

Questions as Framed for the Court by the Parties

  1. Whether due process permits a court to exercise personal jurisdiction over a defendant whose sole “contact” with the forum State is his knowledge that the plaintiff has connections to that State. 
  2. Whether the judicial district where the plaintiff suffered injury is a district “in which a substantial part of the events or omissions giving rise to the claim occurred” for purposes of establishing venue under 28 U.S.C. § 1391(b)(2) even if the defendant's alleged acts and omissions all occurred in another district. 

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Facts

Respondents Gina Fiore and Keith Gipson arrived at the San Juan airport with $97,000 in cash gambling winnings in their carry-on bags. See Fiore v. Walden, 657 F.3d 838, 842 (9th Cir. 2012). Fiore and Gipson are professional gamblers and were returning from San Juan to their home in Las Vegas.

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