Robert Eringer v. Principality of Monaco
Opinion
Opinion
MEMORANDUM
This is an employment dispute between Robert Eringer (“Eringer”) and the Principality of Monaco (“Monaco”). During his employment, Eringer provided a variety of predominantly intelligence-related services to Monaco and His Serene Highness Prince Albert II (“HSH”). In this lawsuit, Eringer alleges that he did not receive payment for the first quarter of 2008, after which he terminated his employment. Monaco claims sovereign immunity. The district court found in favor of Monaco and dismissed for lack of subject matter jurisdiction. Eringer appealed. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.
“The existence of sovereign immunity and subject matter jurisdiction under the Foreign Sovereign Immunities Act of 1976 (FSIA) are questions of law” that we review de novo. Park v. Shin, 313 F.3d 1138, 1141 (9th Cir.2002). A foreign state is immune from suit unless the FSIA provides an exception. 28 U.S.C. § 1604 ; Argentine Republic v. Amerada Hess Shipping Corp., 488 U.S. 428, 434-435 , 109 S.Ct. 683 , 102 L.Ed.2d 818 (1989). Eringer contends that his employment falls within the FSIA’s commercial activities exception, 28 U.S.C. § 1605 (a)(2).