tag:blogger.com,1999:blog-7536265591661518152.post1519042399722846927..comments2024-03-13T09:09:48.146-07:00Comments on Law School Case Briefs | Legal Outlines | Study Materials: W.S. Kirkpatrick and Co. v. Environmental Tectonics Corp., International case brief LawSchoolCaseBriefs.nethttp://www.blogger.com/profile/16912283726092434270noreply@blogger.comBlogger1125tag:blogger.com,1999:blog-7536265591661518152.post-70949856962409477862014-04-06T09:45:54.278-07:002014-04-06T09:45:54.278-07:00Case Brief: W.S. Kirkpatrick and Co. v. Environmen...Case Brief: W.S. Kirkpatrick and Co. v. Environmental Tectonics Corp., International<br />Citation: 493 U.S. 400 (1990)<br /><br /> Kirkpatrick and ETC were both trying to win a construction contract in Nigeria. ETC won the bidding by bribing Nigerian officials.<br /> Bribery is technically illegal in Nigeria.<br /> Kirkpatrick sued ETC in US Federal Court for damages.<br /> ETC claimed that since the contract was an official act of the country of Nigeria, suits in United States Courts were barred by the Act of State Doctrine.<br /> The Trial Court dismissed the case and Kirkpatrick appealed.<br /> The Trial Court found that the suit was barred by the Act of State Doctrine.<br /> The Court found that a judicial inquiry into the motivation of a sovereign act may result in embarrassment to the sovereign, or may constitute interference with the conduct of US foreign policy.<br /> The Court also found that allowing Kirkpatrick to make a bribery claim would require a finding that foreign officials were criminals, and such a finding may embarrass the Executive Branch in its conduct of foreign relations.<br /> The Appellate Court reversed and ETC appealed.<br /> <br />SUPREME COURT'S RULING<br />The US Supreme Court affirmed and allowed the case to proceed.<br /> The US Supreme Court found that the Act of State Doctrine did not apply because nothing in the suit required a court to declare the official act of a foreign sovereign invalid.<br /> "The Act of State Doctrine does not establish an exception for cases and controversies that may embarrass foreign governments, but merely requires that, in the process of deciding, the acts of foreign sovereigns taken within their own jurisdiction shall deemed valid."<br />Anonymousnoreply@blogger.com