Federal Deposit Insurance Corp. v. Pharaon

This appeal presents several novel issues regarding appellate jurisdiction and the waiver provisions of the Foreign Sovereign Immunities Act of 1976 ("FSIA"), 28 U.S.C. §§ 1330, 1602-11. Defendants/appellants Del Monte Fresh Produce Company, Del Monte Fresh Produce N.A., Inc., and Ciba-Geigy Limited (collectively "appellants") contend that Programa Nacional de Banano ("PNB"), an Ecuadorian government agency, has expressly waived its sovereign immunity from suit under the FSIA. They appeal an order dismissing their third-, fourth-and fifth-party complaints against PNB upon a finding that PNB enjoys sovereign immunity and remanding the cases to state court for lack of subject matter jurisdiction. Plaintiffs/appellees (collectively "plaintiffs") and third-party defendants/appellees PNB and the Republic of Ecuador contend that PNBs dismissal is not reviewable on appeal and that the district court correctly determined that PNB had not waived its sovereign immunity. Plaintiffs also have moved for attorneys fees.