— Plaintiffs Submit Comprehensive Response to Solicitor General’s Efforts to Curtail States’ Ability to Defend Rights of Citizens in Private Legal Matters
WASHINGTON, DC – 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:
“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.
— Will Ask U.S. to Require Ankara Lift Blockade of Armenia and End Occupation of Cyprus during testimony before U.S. Trade Panel
WASHINGTON, DC – Armenian National Committee of America (ANCA) Government Affairs Director Kate Nahapetian will testify this coming week before the U.S. International Trade Commission in support of strict rule-of-law conditions on any new American trade agreements involving Turkey.
Nahapetian will appear before a hearing called to consider public comments regarding the proposed Transatlantic Trade and Investment Partnership (TTIP), which will take place over May 29th and 30th. It will be chaired by the U.S. Trade Representative (USTR), and include a panel of senior officials from member agencies of the Trade Policy Staff Committee.
The Turkish government, has, in recent months, lobbied Washington aggressively for inclusion in a proposed far-ranging Transatlantic Trade and Investment Partnership between the U.S. and the European Union, as well as for its own U.S.-Turkey bilateral free trade agreement. The ANCA, consistent with a joint written statement submitted earlier this month to the USTR along with the American Hellenic Institute (AHI) and the Hellenic American Leadership Council (HALC), will encourage the U.S. government to require, as a pre-condition for any trade deals involving Turkey, that the Turkish government have fully withdrawn its unlawful military occupation of Cyprus, unconditionally lifted its illegal economic blockade of Armenia, and ended all obstacles to trade, investment, and other forms of commerce has Ankara imposed on Cyprus and Armenia.
Also offering testimony will be a broad range of corporate, labor, citizens, and trade associations, including U.S. Chamber of Commerce, AFL-CIO, American Insurance Association, Securities Industry and Financial Markets Association, Software Information Industry Association, Electronic Privacy Information Center, Public Citizen, U.S. Public Interest Research Group, Consumer Federation of America, Underwriters Laboratories, Biotechnology Industry Organization, Transatlantic Business Council, American Association of Exporters and Importers, American Apparel and Footwear Association, and American Fuel and Petrochemical Manufacturers.
Today, the newly appointed Ambassador Extraordinary and Plenipotentiary of New Zealand to the Republic of Armenia Hamish Cooper presented his credentials to President Serzh Sargsyan.
The President of Armenia congratulated the first Ambassador of New Zealand in our country and expressed hope that on this position, which is very important for the development of the interstate relations, Mr. Cooper will make his personal contribution to the strengthening of the bilateral ties, ensuring progress in the relations between Armenia and New Zealand.
The parties concurred that in the last twenty years since the establishment of diplomatic relations between the two countries, the existing great potential for the development of cooperation and bilateral ties has not been properly utilizes and the time has come to rectify that omission.
At the meeting, stressed was also the importance of establishing close cooperation between Armenia and New Zealand in the framework of international organizations.
Ambassador Hamish Cooper assured that he would do his best to develop cooperation between the two countries in all possible areas.
In the framework of the criminal cases initiated in Police Division of Malatia adjunct to the government for attempting to vote instead of another person and voting instead of another person in the precincts N 08/23 and N 07/18 of the administrative district Malatia-Sebastia on Elders’ election day of Yerevan – May 5, 2013, D. Mkhitaryan and S. Serobyan were involved as a suspect.
A signature not leave was used as pretrial measures against them.
Necessary investigation and procedural activities are implemented to provide the completeness and comprehensiveness of the criminal cases. The preliminary investigation is in process.
Today, President Serzh Sargsyan received the Prosecutor General of the Islamic Republic of Iran Gholam-Hossein Mohseni Ejei, who has arrived to Armenia on a working visit.
Welcoming the Prosecutor General of Iran in our country, the President of Armenia expressed hope that the sighing of the Memorandum between the Prosecutor General’s offices of our two countries, which took place today in the framework of the visit of the Prosecutor General of Iran, will enhance the efficient cooperation in the legal area and promote practical relations.
The President of Armenia noted that reciprocal high-level visits between the two states testify to the determination of the Armenian and Iranian authorities to further strengthen relations. He underscored that Armenia attaches importance to the deepening of cooperation with the friendly Iran not only in the political and cultural areas but also in the legal and judicial fields.
Today, during the extraordinary session of the National Assembly of Armenia, which took place at the Karen Demirjian Sport and Concert Complex, the newly elected President Serzh Sargsyan assumed the office of President of Armenia. During the oath taking ceremony he said, “Assuming the office of President of the Republic of Armenia, I swear to unreservedly fulfill requirements of the Constitution to respect human and civil rights and freedoms, to safeguard independence of the Republic, its territorial integrity and security for the glory of the Republic of Armenia and for the benefit of the people of the Republic of Armenia.”
After the blessings and a prayer offered by His Holiness Catholicos of All Armenians Garegin II, President Serzh Sargsyan made a statement.
Your Holiness,
Distinguished President Kocharian,
Distinguished President of the Republic of Artsakh,
Distinguished President Ghoukassian,
Dear Citizens of the Republic of Armenia,
Dear compatriots,
Distinguished guests, friends,
I express my thanks to our citizens for their active turnout at the presidential elections. I thank those who once again entrusted me with the task of serving as President of the Republic of Armenia.
I also thank those who cast their votes for other candidates. Thereby they expressed their discontent with the problems existing in the country. By doing so, they sent a clear message to the authorities, demanding more efficient work. Rest assured that all messages are duly received.
Dear compatriots,
Today, through taking this Oath, I once again assumed great responsibility, the awareness of which has never left me for one second through the past five years. The Gospel that belonged to Catholicos’s Mother, on which I took my oath, is over a thousand years old. It is an exceptional honor to become the leader of a nation with such historical and cultural roots. At this solemn moment I pledge to hold high this honor.
For any President, a second term stipulated by the Constitution has its advantages but also difficulties. The greatest advantage is, certainly, the experience gained, which is of immense value in this line of work. The extra difficulties relate to increased expectations of the people and higher demands. I will do my best to deliver on these expectations and meet these demands.
For the forthcoming five years, I consider our state’s and nation’s economic development the number one priority. A whole array of problems that Armenia is facing is in this very plane. Let me highlight three main ones: emigration, unemployment, and poverty. The solutions for these problems are to be found on the same field. Efficient economy that is on the rise, this is the formula to our success.
The second priority is in ensuring the rule of law. Equality of everyone before the law is a binding prerequisite both for our economic and political advancement.
The third priority, most directly linked to the one before, the rule of law, is the deepening of democracy. Compare Armenia of five years ago with Armenia of today and you will see the difference. Compare the levels of the freedom of speech, press, and association. Compare the past and present levels of maturity of NGOs and the civil society in general. I promise that we will not be contented with the achievements. Five years from now, we will attain a qualitatively different, far more advanced democracy. I shall not accomplish this alone, we will do it together, dear compatriots.
In the area of foreign policy, a peaceful settlement to the Nagorno Karabakh issue is and will remain our priority for as long as necessary to arrive at a final solution. At the same time, we will consistently work to enhance the level of our security. We do not underestimate any international dimension here; we are grateful to all those who contribute to maintaining regional stability, but we must rely on our own power, first and foremost. In the event of possible adverse developments, the importance of deterring the adversary and preserving peace are beyond discussion.
We have never terrorized our own people with war. Moreover, we have never used this issue as an excuse to gag the opposition. However, we deemed it our duty to earnestly and realistically state that such a threat does exist.
Irresponsible people and those who have never experienced war, may turn the possibility of war into a subject for cynical and sordid profiteering. I am not one of them: I know what it takes to lose a friend or experience the bliss of victory. I fretted over every soldier’s life, every inch of the native land. Therefore, through the vote of confidence vested in me by the people of Armenia, I declare: We do not want war but, at the same time, we are ready to withstand any challenge. I reiterate this for slow learners: any challenge.
Dear compatriots,
Coercion, violence, terror, war; these are our opponent’s notions of reality. They are trying to impose upon us the same notions they force on their own people.
We have rejected these terms, and will never accept them. We are creating a different reality, like I said: economic growth, the rule of law, strengthening of democracy. The word “Armenia” must first of all entail these notions. These are the arguments we present to our adversaries and the entire world.
We offered our neighbours dignified peace, anchored to universal human values. But the experience of recent years has demonstrated that they are not ready to accept the offer. The tougher, in their own opinion, conditions they create for us, the stronger we become. And this will be becoming increasingly more salient.
Today, the more unequal the terms for our exports, the more effort we must invest in producing goods with enhanced added value. We shall invest in products and services that are competitive in the global market.
Our main advantage is in the entrepreneurial spirit and the talent of our nation. Our young men and women, working in the area of modern technologies, maintain the security of our country, like our soldiers do. Any one, who works honestly and produces value, does the same.
Our main task is to increase opportunities for such people to express themselves. Let us provide these people the opportunity and they will do the rest, they will generate, create, develop.
To this very end we also have to ensure dynamic development of Armenia-Dispora cooperation. I am confident that together we can accomplish much more. We have to maximally engage the potential of the Diaspora, its human potential first and foremost. Every competitive and development-oriented investment project will receive support by the authorities of the Republic of Armenia.
Dear compatriots,
Through the electoral campaign we all enjoyed ample opportunities for exposure and introducing our programs. At the same time, each of us was eager to get our ideas down fully and succinctly. Elections do not mark a destination; they signify a new phase. This is the phase for unrelenting and persistent work. The time has come to move from words to work, to reinforce words with work.
Therefore, back to work!
Long live the Republic of Armenia!
Glory to the Armenian Nation!
— Plaintiffs Submit Comprehensive Response to Solicitor General’s Efforts to Curtail States’ Ability to Defend Rights of Citizens in Private Legal Matters
