Lucchino v. Foreign Countries of Brazil, et al.
Pennsylvania Commonwealth Court
476 A.2d 1369 (1984)
- Written by Elizabeth Yingling, JD
Facts
Frank J. Lucchino (plaintiff), Allegheny County controller, filed a petition under the Pennsylvania Trade Practices Act to determine discrimination against Mexico and numerous other foreign countries (defendants). The International Trade Administration had previously determined that Mexico conferred benefits and subsidized the manufacturing of steel and aluminum products within Mexico. Lucchino asserted that these facts established that Mexico discriminated against Pennsylvania’s steel and aluminum industries. Mexico filed a motion to dismiss, alleging that Mexico had sovereign immunity pursuant to the Foreign Sovereign Immunities Act of 1976 (FSIA) because Mexico’s alleged wrongful conduct was not a commercial activity but rather a governmental act. Mexico also alleged that the court lacked jurisdiction pursuant to the act-of-state doctrine, which precluded courts from questioning the power and sovereignty of foreign states. Lucchino argued that the commercial-activity exception in § 1605(a)(2) of the FSIA applied because Mexico’s actions related to the steel and aluminum industry were commercial and had a direct effect in the United States. The court denied the motion to dismiss, and Mexico appealed.
Rule of Law
Issue
Holding and Reasoning (Crumlish, J.)
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