{"id":11085,"date":"2013-05-25T10:37:37","date_gmt":"2013-05-25T05:37:37","guid":{"rendered":"https:\/\/archive2.ankakh.com\/?p=11085"},"modified":"2013-05-25T10:38:03","modified_gmt":"2013-05-25T05:38:03","slug":"supreme-court-urged-to-review-and-correct-lower-court-decision-on-armenian-genocide-era-insurance-claims-case","status":"publish","type":"post","link":"https:\/\/archive2.ankakh.com\/en\/?p=11085","title":{"rendered":"SUPREME COURT URGED TO REVIEW \u2013 AND CORRECT \u2013 LOWER COURT DECISION ON ARMENIAN GENOCIDE-ERA INSURANCE CLAIMS CASE"},"content":{"rendered":"
\"Igor_Timofeyev\"<\/a>— Plaintiffs Submit Comprehensive Response to Solicitor General\u2019s Efforts to Curtail States\u2019 Ability to Defend Rights of Citizens in Private Legal Matters<\/div>\n
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WASHINGTON, DC \u2013 The plaintiffs in the Armenian Genocide-era insurance claims case filed an incisive and thoughtfully argued brief urging the Supreme Court to \u201creview and correct\u201d 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).<\/div>\n
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The plaintiff\u2019s 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. \u00a0The 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.<\/div>\n
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\u201cThis case raises important questions of states\u2019 ability to enact laws for the benefit of their own citizens that do not conflict with the federal government\u2019s foreign policy or actions,\u201d noted Igor Timofeyev of Paul Hastings LLP, who is serving as the lead counsel for plaintiffs on a pro-bono basis. \u00a0\u201cAlong with several Attorneys General from around the country, we believe the Supreme Court should resolve this issue.\u201d<\/div>\n
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In the 19-page response, plaintiffs argue that while the Solicitor General\u2019s brief does not cite any Congressional or Presidential action that would have blocked California\u2019s ability to extend the statute of limitations on Genocide-era insurance claims, the Government is advancing a \u201crevolutionary proposition that states lack all authority to enact legislation concerning their citizens\u2019 private claims if they originate in events that occurred abroad.\u201d \u00a0The Solicitor General\u2019s position \u201cadvances an unprecedented theory of federal foreign affairs preemption\u201d that is \u201cantithetical to the respect due to states as separate sovereigns,\u201d the brief continued.<\/div>\n
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The plaintiffs\u2019 response to the Solicitor General\u2019s brief, as well as all filings associated with this case, can be viewed at:<\/div>\n
http:\/\/www.anca.org\/legal\/insuranceclaims<\/a><\/div>\n
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\u201cWe would like to thank Igor Timofeyev and the team at Paul Hastings LLP for their expert legal representation,\u201d said ANCA Government Affairs Director Kate Nahapetian. \u00a0\u201cWhether 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.\u201d<\/div>\n
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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. \u00a0Defendant Munich Re, a German insurance company, is represented by Neil Soltman of Mayer Brown\u2019s Los Angeles office.<\/div>\n

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