Epstein Secrets

read as a waiver of immunity from this court’s jurisdiction. The Second Circuit has made clear that the waiver of FSIA immunity must be explicit. See Banco de Seguros del Estado v. Mutual Marine Office, Inc., 344 F.3d 255, 261 (2d Cir.2003) (requiring wavier that unambiguously waives claims of immunity from legal proceedings

ption, ‘acts which are performed at the planning level of government, as opposed to those at the operational level, are protected by the immunity.’ ” Marchisella v. Gov't of Japan, No. 02 Civ. 10023(DC), 2004 WL 307248, at *2 (S.D.N.Y. Feb.17, 2004) (quoting Napolitano vy. Tishman Constr. Corp., No. 96 Civ. 44

FSIA defense in their motions to dismiss. The Court is not convinced by this argument because the waiv- er of FSIA immunity must be explicit. See Banco de Seguros del Estado v. Mutual Marine Office, Inc., 344 F.3d 255. 261 (2d Cir.2003). EFTA00795068 S04 349 FEDERAL SUPPLEMENT, 2d SERIES tions would not sustain juri

80(a). Courts have found both exceptions are "in- tended to preserve immunity for 'decisions grounded in social, economic, and political policy.'" Marchisella v. Gov't of Japan, No. 02 Civ. 10023(DC), 2004 WL 307248, at •2 (S.D.N.Y. Feb. 17, 2004) (citing United States v. S.A. Empresa de Viacao Aerea Ri

§ 2680(a). Courts have found both exceptions are “in- tended to preserve immunity for ‘decisions grounded in social, economic, and political policy”” Marchisella v. Gov't of Japan, No. 02 Civ. 100238(DC), 2004 WL 307248, at *2 (S.D.N.Y. Feb. 17, 2004) (citing United States v. S.A. Empresa de Viacao Aerea Rio G

ounsel, did not raise the FSIA defense in The Court is not convinced by this argument because the waiv- er of FSIA immunity must be explicit. See Banco de Seguros del Estado v. Mutual Marine Office, Inc., 344 F.3d 255, 261 (2d Cir.2003). their motions to dismiss. HOUSE_OVERSIGHT_017868 --- PAGE BREAK --- 804 tions w