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ANCA, BA SUBMIT BRIEF ON 9TH CIRCUIT APPEAL
http://www.asbarez.com/2009/09/30/anca-ba- submit-brief-on-9th-circuit-apeal/
Sep 30, 2009
GLENDALE-The Armenian Bar Association, the Armenian National Committee
of America (ANCA), the International Association of Genocide Scholars
and the Zoryan Institute for Contemporary Armenian Research and
Documentation Wednesday jointly signed onto an amicus brief filed
in the United States 9th Circuit Court of Appeals in the case of
Movsesian v. Versicherung.
On August 20th, a divided three-judge panel of the 9th Circuit Court
of Appeals held that the California Code of Civil Procedure section
354.4, which refers to the Armenian Genocide and allows for certain
claims arising out of the Genocide to be pursued in California courts,
is pre-empted by statements of federal Executive Branch officials in
the Clinton and Bush Administrations.
The decision came despite the fact that the statements do not carry
the force of law, were not embodied in any international agreement,
and were unrelated to the settlement of private claims, in this case,
insurance claims. The brief requests a panel rehearing and a rehearing
en banc.
The Armenian Bar Association secured pro bono assistance from the
international law firm, Bingham McCutcheon, LLP, with attorneys
David M. Balabanian, David B. Salmons, and Erin S. Conroy, drafting
the brief for the amici curiae. In addition to assistance provided
by the ANCA and the Zoryan Institute, research assistance was also
provided by the Armenian National Institute.
From: Emil Lazarian | Ararat NewsPress
http://www.asbarez.com/2009/09/30/anca-ba- submit-brief-on-9th-circuit-apeal/
Sep 30, 2009
GLENDALE-The Armenian Bar Association, the Armenian National Committee
of America (ANCA), the International Association of Genocide Scholars
and the Zoryan Institute for Contemporary Armenian Research and
Documentation Wednesday jointly signed onto an amicus brief filed
in the United States 9th Circuit Court of Appeals in the case of
Movsesian v. Versicherung.
On August 20th, a divided three-judge panel of the 9th Circuit Court
of Appeals held that the California Code of Civil Procedure section
354.4, which refers to the Armenian Genocide and allows for certain
claims arising out of the Genocide to be pursued in California courts,
is pre-empted by statements of federal Executive Branch officials in
the Clinton and Bush Administrations.
The decision came despite the fact that the statements do not carry
the force of law, were not embodied in any international agreement,
and were unrelated to the settlement of private claims, in this case,
insurance claims. The brief requests a panel rehearing and a rehearing
en banc.
The Armenian Bar Association secured pro bono assistance from the
international law firm, Bingham McCutcheon, LLP, with attorneys
David M. Balabanian, David B. Salmons, and Erin S. Conroy, drafting
the brief for the amici curiae. In addition to assistance provided
by the ANCA and the Zoryan Institute, research assistance was also
provided by the Armenian National Institute.
From: Emil Lazarian | Ararat NewsPress