46 U.S.C. § 31111
Claims by nationals of foreign countries
A national of a foreign country may not maintain a civil action under this chapter unless it appears to the satisfaction of the court in which the action is brought that the government of that country, in similar circumstances, allows nationals of the United States to sue in its courts.
Notes of Decisions
Cited in 3
cases, 2010–2013 · leading case: Oswaldo Tobar v. United States, 731 F.3d 938 (9th Cir. 2013).
Oswaldo Tobar v. United States, 731 F.3d 938 (9th Cir. 2013). “In particular, we remanded for the district court to accept further evidence and briefing on the issue whether reciprocity with Ecuador exists — a statutory condition under 46 U.S.C. § 31111 to the government’s waiver of sovereign immunity.”
Tobar v. United States, 639 F.3d 1191 (9th Cir. 2011). “46 U.S.C. § 31111 . The district court held that the documents submitted by Plaintiffs — an affidavit by an Ecuadorian lawyer and a translated copy of the Ecuadorian constitution — were insufficient to establish that reciprocity exists.”
Uralde v. United States, 614 F.3d 1282 (11th Cir. 2010). “See 46 U.S.C. § 31111 . Uralde was, therefore, unable to sustain a claim under the PVA.”
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