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BLAXLAND v. COM. DIRECTOR OF PUBLIC PROSECUTIONS

Nos. 00-56330, 00-56376.

323 F.3d 1198 (2003)

Christopher P. BLAXLAND; Marcella Blaxland, Plaintiffs-Appellees, v. COMMONWEALTH DIRECTOR OF PUBLIC PROSECUTIONS; Australian Securities and Investments Commission, Defendants-Appellants, and Paul R. Shaw; Dennis T. Barry, Defendants. Christopher P. Blaxland; Marcella Blaxland, Plaintiffs-Appellants, v. Commonwealth Director of Public Prosecutions; Australian Securities and Investments Commission; Paul R. Shaw; Dennis T. Barry, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed March 27, 2003.

Attorney(s) appearing for the Case

Andrea Sheridan Ordin, Steven J. Glouberman, Morgan, Lewis & Bockius LLP, Los Angeles, CA, Mark N. Bravin, Morgan, Lewis & Bockius LLP, Washington, D.C., for the defendants-appellants-cross-appellees.

Christopher P. Blaxland, Manhattan Beach, CA, for the plaintiffs-appellees-cross-appellants.

Douglas Hallward-Driemeier, United States Department of Justice, Civil Appellate Staff, Washington, DC, for Amicus Curiae.

Before PREGERSON, TASHIMA and BERZON, Circuit Judges.

OPINION

BERZON, Circuit Judge.

Christopher Blaxland1 brought a tort action in the Superior Court of California against, inter alia, two separate instrumentalities and two individual employees of the Australian government. Australia removed the case to federal district court and moved to dismiss on the ground of sovereign immunity, under the Foreign Sovereign Immunities Act ("FSIA"), 28 U.S.C. §§ 1330, 1602

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