D.C. Circuit Denies Rehearing in Battle Over Use of Property to Satisfy TIG's $33M Award

WASHINGTON, D.C. — A federal appellate court has refused to revisit its ruling that pursuant to the Foreign Sovereign Immunities Act, federal district courts must apply the “totality -of-the-circumstances” approach in deciding the question of whether a property may be characterized as “commercial” for purposes of attachment.

On Oct. 16, the District of Columbia Circuit U.S. Court of Appeals denied the Republic of Argentina’s petition for a rehearing en banc on its decision vacating a district court’s denial of TIG Insurance Corp.’s emergency motion for attachment-related relief.

Beginning in 1979, the Republic of Argentina, through its predecessor, state-owned insurer Caja …