Universal Trading & Inv. Co. v. Bureau for Representing Ukrainian Interests, No. 12-2283 (1st Cir. 2013)
Annotate this CasePlaintiff, a Massachusetts corporation engaged in international asset recovery operations, filed a complaint against Defendants, the Republic of Ukraine and some of its agents and instrumentalities, for, inter alia, breach of contract after Plaintiff performed asset recovery work for which Defendants allegedly did not compensate Plaintiff. Defendants filed a motion to dismiss on the grounds that they were entitled to immunity under the Foreign Sovereign Immunities Act (FSIA). The district court denied the motion in regard to the breach of contract claim, concluding that jurisdiction could be asserted over that claim under the commercial activity exception to the FSIA. The First Circuit Court of Appeals affirmed the district court's exercise of jurisdiction over Plaintiff's breach of contract claim, holding that Defendants' transactions with Plaintiff constituted commercial activity exempt from immunity under FSIA.
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