Nilo Jerez v. Republic of Cuba
413 U.S. App. D.C. 378
| D.C. Cir. | 2014Background
- Plaintiff Nilo Jerez alleged he was tortured in Cuba in 1970–71, contracted hepatitis C there, and suffers ongoing liver disease in the U.S.
- Jerez obtained a default judgment in Florida state court (Torture Victim Protection Act) for $200 million after defendants failed to appear; the state court found jurisdiction under the Alien Tort Statute.
- A Florida federal court later entered judgment giving full faith and credit to the state-court default; Jerez then sought to execute the judgment against patents and trademarks held/managed by alleged Cuban instrumentalities in D.C.
- Defendants (appellees) moved to vacate writs of attachment; a D.C. district magistrate and the district judge concluded the Florida courts lacked subject‑matter jurisdiction under the Foreign Sovereign Immunities Act (FSIA) and vacated the writs.
- On appeal, the D.C. Circuit affirmed: default judgments entered without FSIA jurisdiction are void and subject to collateral attack; none of the FSIA exceptions invoked by Jerez applied.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the Florida courts had subject‑matter jurisdiction over Cuba under the FSIA | Jerez argued default judgment is binding and invoked FSIA exceptions to permit suit | Defendants argued FSIA bars jurisdiction absent a statutory exception and they never appeared | Held: Florida courts lacked jurisdiction; default judgments void because no FSIA exception applied |
| Applicability of the FSIA non‑commercial tort exception, 28 U.S.C. § 1605(a)(5) | Jerez: continuing injury from hepatitis C in U.S. satisfies "tort" occurring in the United States | Defendants: the tortious acts (injection/abuse) occurred in Cuba; omissions in U.S. are not attributable to defendants who were abroad | Held: Exception inapplicable — the tort and precipitating acts occurred in Cuba, not in the U.S. |
| Applicability of the FSIA terrorism/torture exception, 28 U.S.C. § 1605(a)(7) (2006) | Jerez: ongoing viral replication constitutes continuing acts of torture and meets timing/designation and citizenship requirements now that he is a U.S. national and Cuba is later designated | Defendants: torture occurred in 1970–71 before Cuba’s 1982 designation and before Jerez was a U.S. national; ongoing injury is not new acts of torture | Held: Exception inapplicable — statutory timing and causation requirements unmet; replication is injury, not new acts of torture |
| Preclusive effect of the Florida default judgment and role of collateral attack | Jerez: prior judgment should have preclusive effect despite jurisdictional concerns | Defendants: a defaulting, nonappearing sovereign may collaterally attack jurisdiction when enforcement is sought | Held: A defendant who did not appear may collaterally attack jurisdiction; default judgments entered without jurisdiction are void and need not be given effect |
Key Cases Cited
- Bell Helicopter Textron, Inc. v. Islamic Republic of Iran, 734 F.3d 1175 (D.C. Cir. 2013) (default judgment rendered without jurisdiction is void)
- Practical Concepts, Inc. v. Republic of Bolivia, 811 F.2d 1543 (D.C. Cir. 1987) (nonappearing defendant may collaterally attack jurisdiction of default judgment)
- Insurance Corp. of Ireland v. Compagnie des Bauxites de Guinee, 456 U.S. 694 (U.S. 1982) (res judicata principles for jurisdictional determinations apply only where defendant had opportunity to litigate)
- Argentine Republic v. Amerada Hess Shipping Corp., 488 U.S. 428 (U.S. 1989) (FSIA is the sole basis for jurisdiction over foreign states)
- Persinger v. Islamic Republic of Iran, 729 F.2d 835 (D.C. Cir. 1984) (both tort and injury must occur in the United States under noncommercial tort exception)
- Asociacion de Reclamantes v. United Mexican States, 735 F.2d 1517 (D.C. Cir. 1984) (entire tort must occur in the United States for §1605(a)(5))
- Commercial Bank of Kuwait v. Rafidain Bank, 15 F.3d 238 (2d Cir. 1994) (§1608(e) requires courts to assess proof before entering default against foreign sovereign)
- Underwriters Nat’l Assurance Co. v. N.C. Life & Accident & Health Ins. Guar. Ass’n, 455 U.S. 691 (U.S. 1982) (full faith and credit need not be given where issuing court lacked jurisdiction)