Broidy Capital Management LLC v. Benomar, No. 19-236 (2d Cir. 2019)Annotate this Case
The Second Circuit affirmed the district court's grant of defendant's motion to dismiss, based on lack of subject matter jurisdiction, plaintiffs' action stemming from a Qatari hacking scheme. The court agreed with the district court's holding that defendant had diplomatic immunity from suit under the Vienna Convention on Diplomatic Relations. In this case, plaintiff failed to meet their burden of proof in establishing that the commercial activity exception to diplomatic immunity applied by presenting evidence to support their allegations that defendant engaged in such activity. The court also held that plaintiffs failed to request jurisdictional discovery as directed by the district court, and amendment would be futile because plaintiffs' proposed amended complaint did not cure the original complaint's jurisdictional deficiencies.