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BROIDY CAPITAL MANAGEMENT LLC v. BENOMAR

Docket No. 19-236 August Term, 2019.

944 F.3d 436 (2019)

BROIDY CAPITAL MANAGEMENT LLC, Elliott Broidy, Plaintiffs-Appellants, v. Jamal BENOMAR, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided: December 6, 2019.

Attorney(s) appearing for the Case

Shannen W. Coffin ( Filiberto Agusti , Linda C. Bailey , on the brief), Steptoe & Johnson LLP, Washington, D.C., for Plaintiffs-Appellants.

Abbe David Lowell ( Eric W. Bloom , on the brief), Winston & Strawn LLP, Washington, D.C., for Defendant-Appellee.

Martin Totaro , Attorney, Appellate Staff Civil Division, U.S. Department of Justice ( Marik A. String , Acting Legal Adviser, U.S. Department of State, Joseph H. Hunt , Assistant Attorney General, Sharon Swingle , Attorney, Appellate Staff Civil Division, U.S. Department of Justice, on the brief), for the United States, Amicus Curiae.

Before: Katzmann, Chief Judge, Chin and Droney, Circuit Judges.

This case calls on us to determine who bears the burden of establishing jurisdiction pursuant to an exception to diplomatic immunity under the Vienna Convention on Diplomatic Relations ("VCDR" or the "Vienna Convention"), Apr. 18, 1961, 23 U.S.T. 3227, 500 U.N.T.S. 95, where a defendant has demonstrated diplomatic status....

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