Thank you for sharing!

Your article was successfully shared with the contacts you provided.

Before TACHA, McKAY, and GORSUCH, Circuit Judges.

Under the Foreign Sovereign Immunities Act (“FSIA”), a foreign state is immune from suit in American courts unless a statutory exception to immunity applies. In this appeal, the primary dispute is whether defendant-appellant PT. Bank Negara Indonesia (Persero) TBK (“BNI”) or any of its officers or employees in fact generated financial instruments assigned to plaintiffs-appellees Theodore Hansen, Interstate Energy Corporation, and Triple M, L.L.C., thus triggering the commercial-activity exception to sovereign immunity under the FSIA. The district court denied BNI’s motion for judgment on the pleadings based on sovereign immunity, concluding that BNI had not carried its ultimate burden of showing that the commercial-activity exception did not apply. In the same order, the district court also denied BNI’s motion to stay discovery and ordered that appellees be entitled to conduct limited discovery on that issue. BNI appeals from the denial of sovereign immunity and also argues that the district court’s discovery order on the sovereign immunity issue is unduly broad. As to the first issue, we have jurisdiction under 28 U.S.C. § 1291 and AFFIRM. We DISMISS the claim based on the discovery order for lack of jurisdiction.

Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

Premium Subscription

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now

Team Accounts

Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now

Bundle Subscriptions

Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now

The Asia Legal Awards (ASLA) 2023

March 30, 2023

Where the region's top lawyers, law firms and in-house teams will gather to celebrate their most stellar achievements of the year.

Learn More

GlobeSt Net Lease Spring 2023

April 03, 2023 - April 04, 2023
New York

This conference brings together the industry's most influential & knowledgeable real estate executives from the net lease sector.

Learn More

Consulting Rising Stars of the Profession 2023

April 20, 2023
Chicago, IL

Consulting magazine is proud to recognize this unique group of movers & shakers at our annual Rising Stars of Profession awards.

Learn More


0-5 year associate attorney needed for a civil litigation firm in the Buckheadarea. Great opportunity for advancement. Salary will be commen...

Apply Now ›

Litigation Associate (Hybrid Schedule)

Duane Morris LLP has an opening for Litigation Associate with 2-3 years of experience to join its Trial Practice Group in Houston. The candi...

Apply Now ›

Corporate Associate (Hybrid Schedule)

Duane Morris LLP has an opening in its Houston office for a corporate associate to join its growing practice. The ideal candidate will hav...

Apply Now ›



Aaronson Rappaport Feinstein & Deutsch, LLP mourns the loss of cofounder and original Managing Partner, Mark B. Feinstein.

View Announcement ›



Lawyers of Distinction would like to announce...

View Announcement ›



Snyder Sarno D'Aniello Maceri & daCosta would like to announce that...

View Announcement ›