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PREBLE-RISH HAITI, S.A. v. REPUBLIC OF HAITI

No. 22-20021.

40 F.4th 368 (2022)

PREBLE-RISH HAITI, S.A., Plaintiff-Appellee, v. REPUBLIC OF HAITI, Defendants, BB Energy USA, L.L.C., Garnishee-Appellant.

United States Court of Appeals, Fifth Circuit.

Filed July 14, 2022.

Attorney(s) appearing for the Case

Keith Bernard Letourneau , Zachary Cain , Blank Rome, L.L.P., Houston, TX, Lauren B. Wilgus , Blank Rome, L.L.P., New York, NY, for Plaintiff-Appellee.

Andrew D. Silverman , Orrick, Herrington & Sutcliffe, L.L.P., New York, NY, James Anglin Flynn , Emily Villano , Orrick, Herrington & Sutcliffe, L.L.P., Washington, DC, Claudia Wilson Frost , Christina Elise Ponig , Orrick, Herrington & Sutcliffe, L.L.P., Houston, TX, for Garnishee-Appellant.

Before Higginbotham, Dennis, and Graves, Circuit Judges.

The Foreign Sovereign Immunities Act provides a foreign state's property with immunity from prejudgment attachment unless an exception applies. The relevant exception in this case requires a foreign state to explicitly waive its immunity from prejudgment attachment. 28 U.S.C. § 1610(d). Although this court...

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