Is it subject to suit under commercial activity exception

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Reference no: EM131470467

Question: Sovereign Immunity. Nuovo Pignone, Inc., is an Italian company that designs and manufactures turbine systems. Nuovo sold a turbine system to Cabinda Gulf Oil Co. (CABGOC). The system was manufactured, tested, and inspected in Italy; then it was sent to Louisiana for mounting on a platform by CABGOC's contractor. Nuovo sent a representative to consult on the mounting. The platform went to a CABGOC site off the coast of West Africa. Marcus Pere, an instrument technician at the site, was killed when a turbine within the system exploded. Pere's widow filed a suit in a U.S. district court against Nuovo and others.

Nuovo claimed sovereign immunity on the ground that its majority shareholder at the time of the explosion was Ente Nazionale Idrocaburi, which was created by the government of Italy to lead its oil and gas exploration and development. Is Nuovo exempt from suit under the doctrine of sovereign immunity? Is it subject to suit under the "commercial activity" exception? Why or why not? [Pere v. Nuovo Pignone, Inc., 150 F.3d 477 (5th Cir. 1998)]

Reference no: EM131470467

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