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Supreme Court urged to review Lower Court decision on Armenian
Genocide-era insurance claims case
http://www.armradio.am/en/2013/05/25/supreme-court-urged-to-review-lower-court-decision-on-armenian-genocide-era-insurance-claims-case/
13:08 25.05.2013
The plaintiffs in the Armenian Genocide-era insurance claims case
filed an incisive and thoughtfully argued brief urging the Supreme
Court to `review and correct' the Ninth Circuit's 2012 decision
striking down a California law extending the statute of limitations on
such matters, reported the Armenian National Committee of America
(ANCA).
The plaintiff's brief came in response to one filed by the U.S.
Solicitor General less than two weeks ago, which urged the Supreme
Court not to review the case. The Supreme Court is set to consider
all submissions dealing with the Armenian Genocide-era insurance case
on June 6th, and will issue a decision whether or not to take the case
soon thereafter.
`This case raises important questions of states' ability to enact laws
for the benefit of their own citizens that do not conflict with the
federal government's foreign policy or actions,' noted Igor Timofeyev
of Paul Hastings LLP, who is serving as the lead counsel for
plaintiffs on a pro-bono basis. `Along with several Attorneys General
from around the country, we believe the Supreme Court should resolve
this issue.'
In the 19-page response, plaintiffs argue that while the Solicitor
General's brief does not cite any Congressional or Presidential action
that would have blocked California's ability to extend the statute of
limitations on Genocide-era insurance claims, the Government is
advancing a `revolutionary proposition that states lack all authority
to enact legislation concerning their citizens' private claims if they
originate in events that occurred abroad.' The Solicitor General's
position `advances an unprecedented theory of federal foreign affairs
preemption' that is `antithetical to the respect due to states as
separate sovereigns,' the brief continued.
The plaintiffs' response to the Solicitor General's brief, as well as
all filings associated with this case, can be viewed
at:http://www.anca.org/legal/insuranceclaims
`We would like to thank Igor Timofeyev and the team at Paul Hastings
LLP for their expert legal representation,' said ANCA Government
Affairs Director Kate Nahapetian. `Whether or not the Supreme Court
agrees to review this case - which will be based on federalism grounds
and not the merits of the claims - we will not be deterred from
pursuing what even the Solicitor General and lower courts have
recognized as unremedied claims.'
The Armenian Genocide-era insurance claims case has traveled a long
and complex legal path, which has included three separate and
conflicting opinions from the Ninth Circuit Court of Appeals, the most
recent on February 23, 2012. That decision struck down the California
law extending the statute of limitations for certain life insurance
claims based on an unprecedented expansion of the rarely invoked
doctrine of foreign affairs field preemption. Defendant Munich Re, a
German insurance company, is represented by Neil Soltman of Mayer
Brown's Los Angeles office.
Genocide-era insurance claims case
http://www.armradio.am/en/2013/05/25/supreme-court-urged-to-review-lower-court-decision-on-armenian-genocide-era-insurance-claims-case/
13:08 25.05.2013
The plaintiffs in the Armenian Genocide-era insurance claims case
filed an incisive and thoughtfully argued brief urging the Supreme
Court to `review and correct' the Ninth Circuit's 2012 decision
striking down a California law extending the statute of limitations on
such matters, reported the Armenian National Committee of America
(ANCA).
The plaintiff's brief came in response to one filed by the U.S.
Solicitor General less than two weeks ago, which urged the Supreme
Court not to review the case. The Supreme Court is set to consider
all submissions dealing with the Armenian Genocide-era insurance case
on June 6th, and will issue a decision whether or not to take the case
soon thereafter.
`This case raises important questions of states' ability to enact laws
for the benefit of their own citizens that do not conflict with the
federal government's foreign policy or actions,' noted Igor Timofeyev
of Paul Hastings LLP, who is serving as the lead counsel for
plaintiffs on a pro-bono basis. `Along with several Attorneys General
from around the country, we believe the Supreme Court should resolve
this issue.'
In the 19-page response, plaintiffs argue that while the Solicitor
General's brief does not cite any Congressional or Presidential action
that would have blocked California's ability to extend the statute of
limitations on Genocide-era insurance claims, the Government is
advancing a `revolutionary proposition that states lack all authority
to enact legislation concerning their citizens' private claims if they
originate in events that occurred abroad.' The Solicitor General's
position `advances an unprecedented theory of federal foreign affairs
preemption' that is `antithetical to the respect due to states as
separate sovereigns,' the brief continued.
The plaintiffs' response to the Solicitor General's brief, as well as
all filings associated with this case, can be viewed
at:http://www.anca.org/legal/insuranceclaims
`We would like to thank Igor Timofeyev and the team at Paul Hastings
LLP for their expert legal representation,' said ANCA Government
Affairs Director Kate Nahapetian. `Whether or not the Supreme Court
agrees to review this case - which will be based on federalism grounds
and not the merits of the claims - we will not be deterred from
pursuing what even the Solicitor General and lower courts have
recognized as unremedied claims.'
The Armenian Genocide-era insurance claims case has traveled a long
and complex legal path, which has included three separate and
conflicting opinions from the Ninth Circuit Court of Appeals, the most
recent on February 23, 2012. That decision struck down the California
law extending the statute of limitations for certain life insurance
claims based on an unprecedented expansion of the rarely invoked
doctrine of foreign affairs field preemption. Defendant Munich Re, a
German insurance company, is represented by Neil Soltman of Mayer
Brown's Los Angeles office.