In the appeal rejected Tuesday by the Supreme Court, Princz's lawyers said " abuse of Americans by foreign states " violates international law and should be considered an implied waiver of immunity from lawsuits.
12.
The remedy would be a compulsory tribal insurance program and waiver of immunity as to tort liability, a draft of which is attached to my testimony as Exhibit A, and which I will discuss in detail later in my testimony, as an alternative to the proposed legislation.
13.
The FTCA states that the waiver of immunity does not apply to claims arising from the detention of property by " any officer of customs or excise or any other law enforcement officer . " Ali argued that this text had been intended to encompass only law enforcement officers concerned with customs or excise laws.
14.
In separate grand juries, one hearing the sucker punch accusation against Henderson and the other hearing the street justice charge against the cops, both the D . A .'s office investigating Henderson and the special prosecutor investigating the cops let all three guys testify without first getting them to sign waivers of immunity from prosecution for what they told the grand juries.
15.
Coyle also claimed that by selling tickets in the United States, Garuda waived immunity under the " commercial activity " exception to the FSIA . U . S . District Judge Robert E . Jones denied Garuda s motion to dismiss, adopting a magistrate judge s conclusion that the trip to Medan was " one leg of an international journey " and thus subject to the Warsaw Convention and the explicit waiver of immunity.
16.
On March 19, 2003, the district court granted the government's motion to dismiss, holding that Dolan's claim was barred by the postal exception to the FTCA waiver of immunity, which applied to " any claim arising out of the loss, miscarriage, or negligent transmission of letters or postal matter . " Dolan appealed, and the United States Court of Appeals for the Third Circuit affirmed the dismissal.
