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Law360: 9th Circ. Backs Dismissal Of $2B Mexican Contract Case

August 15, 2018

The Ninth Circuit affirmed a lower court decision to dismiss Packsys S.A. de C.V.’s lawsuit against O’Melveny client ESSA, a Mexican government-owned salt mining company, finding the US court lacked jurisdiction. 

“This is a clear case of the Ninth Circuit reaffirming the position that foreign governments are exempt from suit under the law unless there’s a commercial activity exception,” said O’Melveny partner Steven Olson, who argued the case. 

In addition to Olson, the O’Melveny team representing ESSA included partner Catalina Vergara and counsel J. Jorge deNeve and Esteban Rodriguez.