Second Circuit - Foreign Sovereign Immunities Act: Harvey v. Permanent Mission of the Republic of Sierra Leone

Daily Record Staff//May 22, 2024//

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United States Court of Appeals for the Second Circuit

Foreign Sovereign Immunities Act

Commercial activity exception – Building renovations

Harvey v. Permanent Mission of the Republic of Sierra Leone

22-1645

Judges Nardini, Perez, and Kahn

Background: The plaintiffs raised several claims against the defendant alleging they were harmed by faulty renovations at the defendant’s headquarters, which is located next door to the plaintiff’s home in Manhattan. The defendant appealed from the denial of its motion to dismiss, arguing that the district court lacked subject matter jurisdiction under the Foreign Sovereign Immunities Act.

Ruling: The Second Circuit affirmed. The court held that the commercial activity exception applies because the plaintiff’s claims are based upon the defendant’s allegedly faulty contractual renovations, and renovating a building is something that a private party can, and often does, do.

Ana Jara, of Lowenstein Sandler, for the plaintiffs-appellees; Nicholas M. Renzler, of Foley Hoag, for the defendant-cross defendant-appellant.

Oral argument audio