BGH 4 StR 29/23 Deutschland gegen Angeklagten; Bundesgerichtshof; Entscheidung vom 17. August 2023

BGH 4 StR 29/23 Germany v. Offender; German Federal Supreme Court (Bundesgerichtshof); decision dated August 17, 2023

Aggravated rape with weapons, which is punishable under Section 177 Para 7 No. 2 StGB (Strafgesetzbuch – StGB) with a prison sentence of no less than 3 years (sexual assault, rape), requires that the perpetrator carries an instrument to prevent or overcome the resistance of another person by force or threat of force.

1 BvL 7/18 Zuwanderer aus Syrien gegen deutsches Jugendamt; Bundesverfassungsgericht; Entscheidung vom 1. Februar 2023

1 BvL 7/18 - Immigrant from Syria vs. German Youth Welfare Authority; German Federal Constitutional Court (Bundesverfassungsgericht); decision dated February 1, 2023

Statutory regulations that limit the constitutionally anchored fundamental right to freedom of marriage are permissible only if required and permitted by the constitution and must comply with the principle of proportionality. The legislator may, therefore, only create obstacles to marriage to protect the institution of marriage following the Constitution.

Smith & Wesson Brands, Inc. v. Estados Unidos Mexicanos

Issues

Can the Mexican government hold U.S. firearm manufacturers legally responsible for cartel violence injuries in Mexico based on claims of proximate cause and of aiding and abetting illegal trafficking?

This case asks the Supreme Court to determine whether the Mexican government has sufficiently justified its lawsuit against U.S. firearm manufacturers based on Mexican cartel violence. Smith & Wesson argues that proximate cause necessitates a direct cause, and that Mexico’s injuries are too attenuated to satisfy proximate cause. The Mexican government claims that Smith & Wesson can be held liable for aiding and abetting illegal firearm sales under the predicate exception to the Protection of Lawful Commerce in Arms Act. The outcome of this case has significant implications for corporate liability under tort law and the legal standard of plausibility pleading. 

Questions as Framed for the Court by the Parties

(1) Whether the production and sale of firearms in the United States is the proximate cause of alleged injuries to the Mexican government stemming from violence committed by drug cartels in Mexico; and (2) whether the production and sale of firearms in the United States amounts to “aiding and abetting” illegal firearms trafficking because firearms companies allegedly know that some of their products are unlawfully trafficked.

Despite Mexico’s strict firearm laws, Mexico has the third-most firearm-related deaths in the world. Estados Unidos Mexicanos v. Smith & Wesson Brands, Inc. (“First Circuit”) at 516. From 2003 to 2019, the number of firearm deaths increased from 2,500 to 23,000. Id. The increase in firearm-related violence in Mexico coincided with a growth in firearm production in the United States.

Acknowledgments

The authors would like to thank Professor Heise for his insights into this case. 

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CC/Devas (Mauritius) Limited v. Antrix Corp. Ltd.

Issues

When seeking to enforce an international arbitration award in U.S. court, must parties show a sufficient connection with the United States?

This case asks whether plaintiffs must prove minimum contacts before federal courts may assert personal jurisdiction over foreign states sued under the Foreign Sovereign Immunities Act. Antrix, which is an Indian state-owned corporation, repudiated its contract with Devas, which is a private Indian corporation. Devas argues that federal courts in the United States can exercise personal jurisdiction to enforce the arbitration award Devas had won. Antrix counters that because their dispute lacks minimum contact with the United States, federal courts in the United States lack personal jurisdiction to enforce the arbitration award. The outcome of this case has significant implications for international relations and post-judgment asset discovery. 

Questions as Framed for the Court by the Parties

Whether plaintiffs must prove minimum contacts before federal courts may assert personal jurisdiction over foreign states sued under the Foreign Sovereign Immunities Act.

Petitioner Devas Multimedia Private Ltd. (“Devas”) is a private Indian corporation. Devas Multimedia Private Ltd. v. Antrix Corp. Ltd. at 3. Respondent Antrix Corp. Ltd. (“Antrix”) is a corporation owned by the Government of India.

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BLOM Bank SAL v. Honickman

Issues

Whether the strict standard under Federal Rule of Civil Procedure 60(b)(6) always applies to a post-judgment request to vacate in order to file an amended complaint, or if a balancing test can be applied in lieu? 

This case asks the Court to determine whether the strict standard under Federal Rule of Civil Procedure 60(b)(6) always applies to a post-judgment request to vacate in order to file an amended complaint, or if a balancing test can be applied instead. Petitioner BLOM Bank SAL argues that Federal Rule of Civil Procedure 60(b)(6)’s stringent standard must apply to a post-judgment request to vacate for the purpose of filing an amended complaint, contrary to the Second Circuit’s ruling. Respondent Honickman argues that Rule 60(b)(6)’s stringent standard need not apply to a post-judgment request to vacate for the purpose of filing an amended complaint, because the Second Circuit’s decision to use a balancing test serves as a better standard to review the Rule. BLOM Bank SAL argues that ruling in favor of Honickman would undermine the finality of judgments by allowing post-judgment amendments under Rule 60(b)(6) too liberally. Honickman counters by arguing that ruling in BLOM Bank SAL’s favor would prevent victims of terrorism from obtaining justice, particularly in cases where new evidence emerges post-judgement.

Questions as Framed for the Court by the Parties

Whether Federal Rule of Civil Procedure 60(b)(6)’s stringent standard applies to a post-judgment request to vacate for the purpose of filing an amended complaint.

The Justice Against Sponsors of Terrorism Act (“JASTA”) extends liability to people who knowingly provide substantial assistance to or conspire with those responsible for acts of international terrorism. Brief for Petitioner, BLOM Bank SAL,

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Nuclear Regulatory Commission v. Texas

Issues

Under the Hobbs Act, can someone who wasn’t directly involved in a case challenge a government agency’s decision in court if they believe the agency went beyond its legal power? Second, do the Atomic Energy Act of 1954 and the Nuclear Waste Policy Act of 1982 allow the Nuclear Regulatory Commission to license private companies to temporarily store nuclear fuel away from nuclear-reactor sites? 

This case asks the Supreme Court to determine whether parties like Texas can challenge an agency’s decision in court, despite not participating in the agency’s earlier hearing concerning the decision. Texas claims it has standing as an aggrieved party because it only needs to participate even slightly in the original decision-making process, while the Nuclear Regulatory Commission (“NRC”) argues Texas misinterprets the law because Texas was required to be a party in the decision-making process, not just a general participant, to be an aggrieved party. The case also asks the Supreme Court to decide if federal laws regulating nuclear energy production allow the NRC to license private companies to store nuclear waste away from the nuclear energy facilities, specifically in the Permian Basin in Texas. Texas argues that federal statutes only empower the NRC to license on-site or federal controlled off-site storage, while the NRC asserts that they have that power because the statutes do not explicitly limit its authority to license temporary, private off-site storage. The outcome of this case has future implications for both nuclear energy expansion, and oil and gas production in the Permian Basin region.

Questions as Framed for the Court by the Parties

Whether the Hobbs Act, which authorizes a “party aggrieved” by an agency’s “final order” to petition for review in a court of appeals, allows nonparties to obtain review of claims asserting that an agency order exceeds the agency’s statutory authority.

Whether the Atomic Energy Act of 1954 and the Nuclear Waste Policy Act of 1982 permit the Nuclear Regulatory Commission to license private entities to temporarily store spent nuclear fuel away from the nuclear reactor sites where the spent fuel was generated.

In 1942, the first nuclear reactor was created in the United States. Texas v. Nuclear Regulatory Commission at 3. In 1946, Congress passed the Atomic Energy Act, which allowed civilian use of atomic power.

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