U.S. Second Circuit - The FindLaw 2nd Circuit Court of Appeals Opinion Summaries Blog

Foreign Sovereign Immunity Act Issue Regarding Action Against Chile, and Employment Matter

Carpenter v. Repub. of Chile, No. 09-3743, involved an action claiming that plaintiff was subject to abuse by the courts of Chile in a criminal case that was initiated in Santiago, Chile over ten years ago.  The court affirmed the dismissal of the action in part, on the grounds that 1) the district court did not err in dismissing plaintiff's claims against the Republic of Chile based on its sovereign immunity; and 2) plaintiff could not assert a claim on behalf of British Airways against a third party.  However, the court vacated in part, holding that the district court needed to determine, in the first instance, whether plaintiff's claims against the government officials of Chile were barred by foreign sovereign immunity under the common law.

Scheffer v. Civ. Serv. Employees' Assn., No. 07-3683, involved an action by public-sector employees who, as nonmembers of the union that represented them for collective-bargaining purposes, challenged organizing fees assessed by the union.  The Second Circuit affirmed in part the dismissal of the complaint, holding that the union's fee calculation and disclosure procedures were constitutional.  However, the court reversed in part, holding that charging nonmembers for the organizing expenses at issue violated their First Amendment rights.

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