In this unpublished opinion, Judges Pryor, Martin and Kravitch affirm
my muse Judge Ungaro on her dismissal of a complaint against the government of Nicaragua for lack of subject matter jurisdiction pursuant to the Foreign Sovereign Immunities Act ("FSIA"), proving once again that Judge Ungaro's curiosity intellectual curiosity and willingness to keep an open mind make her even more attractive make her an even better draw in any complex case.
Judge Ungaro initially granted a motion for default against Nicaragua and awarded the plaintiffs 12 million in damages. The Court, however, granted Nicaragua's motion to vacate and dismiss. The Eleventh Circuit's opinion affirming Judge Ungaro contains a nice overview discussion of jurisdictional questions under FSIA, relying on cases involving Banco Latino International, Calzadilla, Aquamar, Argentina, Petrolio Brasileiro, Guevara, Peru, oh hail you get the idea. (Had the Court heard oral argument, I think it would have been fun to watch!)
Have a great weekend. The weather continues to be amazing. Enjoy it.