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FOUR STATES ISSUE AMICUS BRIEFS IN SUPPORT OF PLAINTIFFS IN ARMENIAN GENOCIDE LIFE INSURANCE CASE
armradio.am
15.12.2011 14:48
The states of California, Hawai'i, Massachusetts, Nevada, and Rhode
Island, and also leading California state and federal legislative
representatives, filed two amicus briefs this week, defending the
rights of states to pass laws, referring to the Armenian Genocide,
reported the Armenian National Committee of America.
California Attorney General Kamala Harris was joined by Hawai'I
Attorney General David Louie, Massachusetts Attorney General Martha
Coakley, Nevada Attorney General Catherine Cortez Masto, and Rhode
Island Attorney General Peter Kilmartin in defending California's and
other states' rights to enact legislation referring to the Armenian
Genocide. The Attorneys General argued that "allowing 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, 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.
armradio.am
15.12.2011 14:48
The states of California, Hawai'i, Massachusetts, Nevada, and Rhode
Island, and also leading California state and federal legislative
representatives, filed two amicus briefs this week, defending the
rights of states to pass laws, referring to the Armenian Genocide,
reported the Armenian National Committee of America.
California Attorney General Kamala Harris was joined by Hawai'I
Attorney General David Louie, Massachusetts Attorney General Martha
Coakley, Nevada Attorney General Catherine Cortez Masto, and Rhode
Island Attorney General Peter Kilmartin in defending California's and
other states' rights to enact legislation referring to the Armenian
Genocide. The Attorneys General argued that "allowing 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, 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.