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Powerex Corp. v. Reliant Energy Services, Inc., et al.
No. 05-85
Title:
    Powerex Corp. v. Reliant Energy Services, Inc., et al.

Subject:

    Jurisdiction, Remand Orders, Foreign States, Foreign Sovereign Immunities Act
Questions:
  1. Whether an entity that is wholly and beneficially owned by a foreign state's instrumentality, and whose sole purpose is to perform international treaty and trade agreement obligations for the benefit of the foreign state's citizens, may nonetheless be denied status as an "organ of a foreign state" under the Foreign Sovereign Immunities Act of 1976 ("FSIA"), 28 U.S.C. section 1603(b)(2), based on an analysis of sovereignty that ignores the circumstances surrounding the entity's creation, conduct, and operations on behalf of its government.

  2. Whether the Court of Appeals had jurisdiction to review the district court's remand order, notwithstanding 28 U.S.C. section 1447(d).
Decisions:

Resources:

Briefs:

    Parties
    Coming Soon
Counsel of Record

For Petitioner:

David C. Frederick
Kellogg, Huber, Hansen, Todd, Evans & Figel, P.L.L.C.
Washington, DC
For Respondent:
James R. Atwood
Covington & Burling LLP
San Francisco, CA


 

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