US Federal Judge Dolly M. Gee, wrongfully claiming lack of jurisdiction, dismissed a lawsuit filed by Armenian-Americans demanding compensation from the Republic of Turkey for confiscating their properties during the Armenian Genocide, Asbarez reports.
Attorneys Berj Boyajian, Mark Geragos, Ara Jabagchourian, and Brian Kabateck had filed a class action lawsuit on July 29, 2010, on behalf of Garbis Davoyan of Los Angeles, Hrayr Turabian of New York City, and all Armenians whose ancestors had real estate holdings in Turkey.
Since the Republic of Turkey and its two major banks contended that US courts lacked jurisdiction over foreign entities due to sovereign immunity, the Armenian plaintiffs argued that the lawsuit should proceed due to two exceptions to the Foreign Sovereign Immunities Act (FSIA): "Commercial Activity" and "Expropriation."
The Federal Judge ruled that both of these exceptions did not apply in this case. She found the banks' commercial role in the US to be minimal and unrelated to the claimed grievances. She ruled that the expropriation exception is also not valid because the property was not "taken in violation of international law."
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