Movsesian v. Victoria Versicherung AG
United States Court of Appeals for the Ninth Circuit
670 F.3d 1067 (2012)
- Written by Rich Walter, JD
Facts
Between 1915 and 1923, the Ottoman Empire massacred many of its Armenian citizens in what was widely known as the Armenian Genocide. The post-Ottoman Turkish republic resented this label and opposed foreign efforts to hold Turkey responsible for these long-ago killings. California enacted an insurance statute giving heirs of the Armenian victims the rights to file massacre-related claims against insurance companies in California courts. The statute employed the “genocide” label, and the statute’s legislative history clearly expressed the legislature’s desire to provide relief and a friendly forum for insurance claimants. Vazken Movsesian (plaintiff) filed a claim under California’s statute in a California federal district court, seeking damages from a German insurance company, Victoria Versicherung AG (Victoria) (defendant). The court rejected Victoria’s argument that federal law preempted California’s statute and denied Victoria’s motion to dismiss the case. Victoria appealed to the Ninth Circuit.
Rule of Law
Issue
Holding and Reasoning (Graber, J.)
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