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Anglo-Iberia Underwriting Management Co. v. Jamsostek

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Argued: October 27, 2009

Before WALKER, McLAUGHLIN, and RAGGI, Circuit Judges.

Anglo-Iberia Underwriting Management Company and Industrial Re International, Inc. (collectively, “Anglo-Iberia”) appeal from an order of the United States District Court for the Southern District of New York (Donald C. Pogue, Judge, of the United States Court of International Trade, sitting by designation) that dismissed Anglo-Iberia’s negligent supervision claim against the Indonesian state-owned social security insurer, P.T. Jamsostek (Persero) (“Jamsostek”), and the Republic of Indonesia (“Indonesia”) for lack of subject matter jurisdiction under the Foreign Sovereign Immunities Act (“FSIA”), 28 U.S.C. §§ 1330, 1602-1611. Because we conclude that neither Jamsostek nor Indonesia was involved in “commercial activity” for purposes of the FSIA, 28 U.S.C. § 1605(a)(2), and that, even assuming arguendo that they were involved in “commercial activity,” Jamsostek’s alleged failure to supervise its employees was not “in connection with” such commercial activity, id., we AFFIRM the district court’s dismissal of Anglo-Iberia’s claim for lack of subject matter jurisdiction.

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