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Global Marine Exploration, Inc.v.Republic of France

CourtUnited States Court of Appeals for the Eleventh Circuit
Docket No.20-14728
DecidedMay 12, 2022
Reporter33 F.4th 1312
JudgesCircuit Judges Barbara Lagoa, Andrew L. Brasher, and Gerald B. Tjoflat; Judge Lagoa authored the opinion
Tags
CivilGovernment LawCivil ProcedureFederal JurisdictionStatutory InterpretationReversalRemand
Case Summary

Global Marine Exploration, a Florida salvage company, located La Trinité and other wrecks while surveying under permits from Florida’s historical-resources agency. After Florida and France planned a joint recovery project, GME alleged France used its discovery and confidential site information without compensating it; GME sued on salvage-lien, unjust-enrichment, trade-secret, and interference theories. France asserted immunity under the Foreign Sovereign Immunities Act (FSIA), and the district court dismissed for lack of jurisdiction, treating recovery and preservation as sovereign acts. The Eleventh Circuit held the commercial-activity exception applied: the inquiry turns on the nature, not purpose, of France’s conduct; planning, funding, contracting for, and overseeing marine recovery are activities private parties undertake. GME’s claims were based on those U.S. activities and alleged nonpayment for its services, satisfying the exception’s nexus. The Court reversed the jurisdictional dismissal and remanded without deciding the claims’ merits.

Opinion

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