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PACKSYS, S.A. DE C.V. v. EXPORTADORA DE SAL

No. 16-55380.

899 F.3d 1081 (2018)

PACKSYS, S.A. DE C.V., a Mexican corporation, Plaintiff-Appellant, v. EXPORTADORA DE SAL, S.A. DE C.V., a Mexican corporation, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed August 15, 2018.

Attorney(s) appearing for the Case

Rory S. Miller (argued) and Andrew Baum , Glaser Weil Fink Howard Avchen & Shapiro LLP, Los Angeles, California, for Plaintiff-Appellant.

Steven J. Olson (argued), Catalina Vergara , J. Jorge deNeve , and Esteban Rodriguez , O'Melveny & Myers LLP, Los Angeles, California, for Defendant-Appellee.

Before: Kim McLane Wardlaw and Andrew D. Hurwitz, Circuit Judges, and Wiley Y. Daniel, District Judge.

OPINION

It has been the law of our circuit for over two decades that the activities of an agent who lacks the actual authority of a foreign state do not constitute the conduct of that foreign state for purposes of the Foreign Sovereign Immunities Act's commercial activity exception to immunity from suit. See...

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