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LEVINSON v. KUWAIT FINANCE HOUSE (MALAYSIA) BERHAD

No. 21-2043 August Term, 2021.

44 F.4th 91 (2022)

Christine LEVINSON, Individually and as Conservator of the Estate and Property of Robert Levinson, Susan Levinson Boothe, Stephanie Levinson Curry, Sarah Levinson Moriarty, Samantha Levinson, Daniel Levinson, David Levinson, Douglas Levinson, Plaintiffs-Appellees, v. KUWAIT FINANCE HOUSE (MALAYSIA) BERHAD, Defendant-Intervenor-Appellant.

United States Court of Appeals, Second Circuit.

Decided July 21, 2022.

Attorney(s) appearing for the Case

Daniel W. Levy , McKool Smith P.C., New York, NY, for Plaintiffs-Appellees.

Charlotte H. Taylor ( Noel J. Francisco , Steven T. Cottreau , Jones Day, Washington, D.C.; Fahad A. Habib , Jones Day, San Francisco, CA; Andrew J. Pincus , Charles A. Rothfeld , Mayer Brown LLP, Washington, D.C.; Mark G. Hanchet , Christopher J. Houpt , Cleland B. Welton II , Robert W. Hamburg , Mayer Brown LLP, New York, NY, on the brief), Jones Day, Washington, D.C., for Defendant-Intervenor-Appellant.

Before: Parker, Park, and Robinson, Circuit Judges.

Under the Foreign Sovereign Immunities Act of 1976 (FSIA), foreign states and their agencies and instrumentalities are immune from suit in the United States, and their property is immune from attachment and execution. See 28 U.S.C. §§ 1604, 1609. These immunities, however, contain exceptions...

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