Second Circuit reverses district court's order citing lack of subject matter jurisdiction to enter judgment against Cuba under the FSIA, quashes information subpoena served on bank

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Date: January-March 2017
From: International Law Update(Vol. 23, Issue 1)
Publisher: American Bar Association
Document Type: Article
Length: 643 words
Lexile Measure: 1350L

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Aldo Vera, Jr. ("Vera") filed a case because of the extra judicial killing of his father in 1976 in Cuba. Cuba was declared as a state sponsoring terrorism in 1982. In 2008, Vera obtained a default judgment against Cuba in Florida State Court by relying on the "terrorism exception" to sovereign immunity, 28 U.S.C. [section] 1605A(a)(1). Vera then obtained a default judgment in United States District Court for the Southern District of New York which granted full faith and credit to the Florida Judgment. Vera, thereafter, served information subpoenas on the New York branches of various foreign banks including Banco Bilbao Vizcaya Argentaria, S.A. ("BBVA"). BBVA refused to comply with the subpoena's request for information pertaining to Cuban assets located outside the United States. BBVA moved to quash this subpoena contending that the United States District Court was not having subject matter jurisdiction under the Foreign Sovereign Immunities Act, 1976 (the "FSIA"), as amended, 28 U.S.C. [section][section] 1602 et seq....

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Gale Document Number: GALE|A549156118