Movsesian

Movsesian v. Victoria Versicherung AG

Good Law
670 F.3d 1067·2012 WL 589457·2012 U.S. App. LEXIS 3589
United States Court of Appeals for the Ninth CircuitFebruary 23, 2012No. 07-56722California3,804 words

Opinion

Lead Opinion

Graber, J.

Section 354.4 of the California Code of Civil Procedure vests California courts with jurisdiction over certain insurance claims brought by “Armenian Genocide victim[s]” and extends the statute of limitations for such claims. Under that statute, individual Plaintiffs, including Vazken Movsesian, filed this class action against various insurers. One of the defendant insurance companies filed a Federal Rule of Civil Procedure 12(b)(6) motion to dismiss the claims, arguing, among other things, that section 354.4 is preempted under the foreign affairs doctrine. See U.S. Const. art. VI, cl. 2 (Supremacy Clause) (“This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.”). We hold that section 354.4 is preempted and, ac *1070 cordingly, reverse the district court’s contrary ruling.

FACTUAL AND PROCEDURAL HISTORY

In 2000, the California legislature enacted section 354.4, which…

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