The 3rd U.S. Circuit Court of Appeals has ruled that the European Space Agency is subject to a 1976 statute limiting immunity of international organizations. OSS Nokalva, based in Somerset, N.J., sued the agency in May 2008 in Somerset County Superior Court, alleging that it breached its licenses by distributing software to third parties and failed to pay for certain software. OSS Nokalva sought $2 million in damages. The space agency removed the suit to federal court in June 2008 and sought to dismiss on immunity grounds.
August 19, 2010 at 12:00 AM
1 minute read
The original version of this story was published on Law.Com
The European Space Agency isn’t immune from defending a breach-of-contract suit by a New Jersey software vendor, the 3rd U.S. Circuit Court of Appeals has ruled.
The court said on Monday in OSS Nokalva, Inc. v. European Space Agency, 09-3601 that the agency was subject to a 1976 statute limiting immunity of international organizations.
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