Powerex Corp. v. Reliant Energy Services, Inc., et al.

Subject:

Jurisdiction, Remand Orders, Foreign States, Foreign Sovereign Immunities Act

1. Whether an entity that is wholly and beneficially owned by a foreign state's instrumentality, and whose sole purpose is to perform international treaty and trade agreement obligations for the benefit of the foreign state's citizens, may nonetheless be denied status as an "organ of a foreign state" under the Foreign Sovereign Immunities Act of 1976 ("FSIA"), 28 U.S.C. section 1603(b)(2), based on an analysis of sovereignty that ignores the circumstances surrounding the entity's creation, conduct, and operations on behalf of its government.
   
   
2. Whether the Court of Appeals had jurisdiction to review the district court's remand order, notwithstanding 28 U.S.C. section 1447(d).

• U.S. Court of Appeals - 9th Circuit Opinion Filed: December 8, 2004
• United States Supreme Court, Cert. Granted: January 19, 2007

Resources:

• Docket Sheet From the U.S. Supreme Court.
• Northwestern University - Medill School of Journalism: On the Docket