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ANCA WELCOMES AMICUS BRIEFS IN SUPPORT OF GENOCIDE LIFE INSURANCE CASE
asbarez
Wednesday, December 14th, 2011
The 9th Circuit Court of Appeals
California, Hawaii, Massachusetts, Nevada, and Rhode Island assert
right of states to pass laws referring to the Armenian Genocide
California state and federal legislators submit amicus brief defending
California's laws on the Armenian Genocide WASHINGTON-The Armenian
National Committee of America welcomed this week the submission
of two amicus briefs, filed by the states of California, Hawaii,
Massachusetts, Nevada, and Rhode Island, and also by leading California
state and federal legislative representatives, defending the rights
of states to pass laws, referring to the Armenian Genocide.
California Attorney General Kamala Harris was joined by the attorneys
general of Hawaii, Massachusetts, Nevada and Rhode Island, David
Louie, Martha Coakley, Catherine Cortez Masto, and Peter Kilmartin
respectively in defending California's and other states' rights to
enact legislation referring to the Armenian Genocide. The Attorneys
General argued that "[a]llowing the federal government to dictate to
the states the words they may and may not use . . . raises a serious
issue of federalism." They also noted that in contrast to other cases
preempting state laws, "here no treaty, congressional resolution
or executive agreement establishes a federal foreign policy that
conflicts with, or displaces" the California statute at hand.
California state and federal legislators, in their separate amicus
brief submitted Tuesday, noted that "there is no precedent for holding
a state statute preempted merely because of the terminology that it
uses." To do so would render the foreign affairs doctrine "beyond
recognition." They also assert that unlike other California statutes
concerning Holocaust-era or World War II slave labor claims, which
have been struck down, "there is no federal action to negotiate an
international compensation regime for claims related to the Armenian
Genocide." The amicus brief was filed on behalf of U.S.
Representatives Jackie Speier (D-CA), Anna Eshoo (D-CA), and Ed Royce
(R-CA); Speaker of the California State Assembly John Perez (D-46);
Majority Leader of the California State Assembly Charles Calderon
(D-58); California State Senators Kevin de Leon (D-22) and S. Joseph
Simitian (D-11), and; California State Assembly Members Katcho
Achadjian (R-33), Mike Gatto (D-43), and Anthony Portantino (D-44).
Former Supreme Court clerk Igor Timofeyev of the international law
firm Paul Hastings represented the California legislators pro bono.
"This case represents an opportunity for the Court to affirm the
rights of Armenian Americans to seek justice in connection to unpaid
Genocide-era insurance policies, and, more broadly, to help ensure
that states have the right to regulate corporations that wrongfully
deny the property rights of their citizens," explained ANCA Government
Affairs Director Kate Nahapetian, who has helped coordinate community
response to this issue.
The Ninth Circuit case Movsesian v. Versicherung AG involves life
insurance claims dating from the Armenian Genocide era. In 2000,
California passed a law, which extended the statute of limitations
for life insurance claims that were never paid out, in some cases
because insurance companies insisted heirs produce death certificates
of relatives, who were murdered during the Armenian Genocide, before
honoring the policies. The California statute, which was introduced by
former State Senator and current Associate Justice of the California
Court of Appeal Charles 'Chuck' Poochigian and former State Senator
and current Congresswoman Jackie Speier (D-CA), allowed California
residents to file until December 31, 2010. The law has since been
amended through legislation introduced by State Assemblyman Mike
Gatto (D-43), extending the statute of limitations to file claims
until December 31, 2016. Defendant German insurance companies have
been joined by the Republic of Turkey in their attempts to strike
down California's law, claiming there is an "express federal policy"
to prohibit states from any reference to the Armenian Genocide.
A year ago, a three-judge panel of the Ninth Circuit upheld
California's law, but the Ninth Circuit has agreed to rehear the case
"en banc," meaning that eleven judges from the panel will now hear
the case.
Oral arguments will be held on Wednesday morning, December 14, in
San Francisco. Mark Geragos and Lee Crawford Boyd will be presenting
on behalf of heirs to Armenian Genocide era life insurance policy
holders and lawyers from Mayer Brown LLP will be representing the
German insurance companies involved in this case.
Earlier in the case, the Armenian Bar Association, Armenian National
Committee of America, Zoryan Institute for Contemporary Armenian
Research and Documentation, Inc., the International Association of
Genocide Scholars, Genocide Education Project, Jewish Alliance for Law
and Social Action, and Center for the Study of Law and Genocide filed
amicus briefs and were represented "pro bono" by David Balabanian
and David Salmons, both partners at the international firm Bingham
McCutchen.
Amicus briefs in support of plaintiffs have also been submitted by
Congressman Adam Schiff (D-CA), EarthRights International, and the
Center for Constitutional Rights.
Claims for unpaid life insurance policies dating back to the Armenian
Genocide were first brought by plaintiff's attorney Vartkes Yeghiayan.
Attorneys representing plaintiffs include Brian Kabateck, Mark Geragos,
and Lee Crawford Boyd.
asbarez
Wednesday, December 14th, 2011
The 9th Circuit Court of Appeals
California, Hawaii, Massachusetts, Nevada, and Rhode Island assert
right of states to pass laws referring to the Armenian Genocide
California state and federal legislators submit amicus brief defending
California's laws on the Armenian Genocide WASHINGTON-The Armenian
National Committee of America welcomed this week the submission
of two amicus briefs, filed by the states of California, Hawaii,
Massachusetts, Nevada, and Rhode Island, and also by leading California
state and federal legislative representatives, defending the rights
of states to pass laws, referring to the Armenian Genocide.
California Attorney General Kamala Harris was joined by the attorneys
general of Hawaii, Massachusetts, Nevada and Rhode Island, David
Louie, Martha Coakley, Catherine Cortez Masto, and Peter Kilmartin
respectively in defending California's and other states' rights to
enact legislation referring to the Armenian Genocide. The Attorneys
General argued that "[a]llowing the federal government to dictate to
the states the words they may and may not use . . . raises a serious
issue of federalism." They also noted that in contrast to other cases
preempting state laws, "here no treaty, congressional resolution
or executive agreement establishes a federal foreign policy that
conflicts with, or displaces" the California statute at hand.
California state and federal legislators, in their separate amicus
brief submitted Tuesday, noted that "there is no precedent for holding
a state statute preempted merely because of the terminology that it
uses." To do so would render the foreign affairs doctrine "beyond
recognition." They also assert that unlike other California statutes
concerning Holocaust-era or World War II slave labor claims, which
have been struck down, "there is no federal action to negotiate an
international compensation regime for claims related to the Armenian
Genocide." The amicus brief was filed on behalf of U.S.
Representatives Jackie Speier (D-CA), Anna Eshoo (D-CA), and Ed Royce
(R-CA); Speaker of the California State Assembly John Perez (D-46);
Majority Leader of the California State Assembly Charles Calderon
(D-58); California State Senators Kevin de Leon (D-22) and S. Joseph
Simitian (D-11), and; California State Assembly Members Katcho
Achadjian (R-33), Mike Gatto (D-43), and Anthony Portantino (D-44).
Former Supreme Court clerk Igor Timofeyev of the international law
firm Paul Hastings represented the California legislators pro bono.
"This case represents an opportunity for the Court to affirm the
rights of Armenian Americans to seek justice in connection to unpaid
Genocide-era insurance policies, and, more broadly, to help ensure
that states have the right to regulate corporations that wrongfully
deny the property rights of their citizens," explained ANCA Government
Affairs Director Kate Nahapetian, who has helped coordinate community
response to this issue.
The Ninth Circuit case Movsesian v. Versicherung AG involves life
insurance claims dating from the Armenian Genocide era. In 2000,
California passed a law, which extended the statute of limitations
for life insurance claims that were never paid out, in some cases
because insurance companies insisted heirs produce death certificates
of relatives, who were murdered during the Armenian Genocide, before
honoring the policies. The California statute, which was introduced by
former State Senator and current Associate Justice of the California
Court of Appeal Charles 'Chuck' Poochigian and former State Senator
and current Congresswoman Jackie Speier (D-CA), allowed California
residents to file until December 31, 2010. The law has since been
amended through legislation introduced by State Assemblyman Mike
Gatto (D-43), extending the statute of limitations to file claims
until December 31, 2016. Defendant German insurance companies have
been joined by the Republic of Turkey in their attempts to strike
down California's law, claiming there is an "express federal policy"
to prohibit states from any reference to the Armenian Genocide.
A year ago, a three-judge panel of the Ninth Circuit upheld
California's law, but the Ninth Circuit has agreed to rehear the case
"en banc," meaning that eleven judges from the panel will now hear
the case.
Oral arguments will be held on Wednesday morning, December 14, in
San Francisco. Mark Geragos and Lee Crawford Boyd will be presenting
on behalf of heirs to Armenian Genocide era life insurance policy
holders and lawyers from Mayer Brown LLP will be representing the
German insurance companies involved in this case.
Earlier in the case, the Armenian Bar Association, Armenian National
Committee of America, Zoryan Institute for Contemporary Armenian
Research and Documentation, Inc., the International Association of
Genocide Scholars, Genocide Education Project, Jewish Alliance for Law
and Social Action, and Center for the Study of Law and Genocide filed
amicus briefs and were represented "pro bono" by David Balabanian
and David Salmons, both partners at the international firm Bingham
McCutchen.
Amicus briefs in support of plaintiffs have also been submitted by
Congressman Adam Schiff (D-CA), EarthRights International, and the
Center for Constitutional Rights.
Claims for unpaid life insurance policies dating back to the Armenian
Genocide were first brought by plaintiff's attorney Vartkes Yeghiayan.
Attorneys representing plaintiffs include Brian Kabateck, Mark Geragos,
and Lee Crawford Boyd.