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Execution of Judgment

By: Derek Hawkins//July 25, 2016//

Execution of Judgment

By: Derek Hawkins//July 25, 2016//

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7th Circuit Court of Appeals

Case Name: Jenny Rubin v. Islamic Republic of Iran

Case No.: 14-1935

Officials: BAUER and SYKES, Circuit Judges, and REAGAN, Chief District Judge.*

Focus: Execution of Judgment

Plaintiffs fail to assert statutory basis to attach lien to foreign owned property on US soil to satisfy judgment.

“The plaintiffs argue that “transfer directives” means a directive from Iran, and because Iran has never directed that these particular artifacts be transferred to it, the exception in section 4(b) doesn’t apply to the Persepolis Collection. This argument misreads the 2012 order, which refers to “transfer directives set forth in” President Carter’s 1981 Executive Order that all property meeting certain specified criteria be returned to Iran. That is, the directive is categorical rather than contingent on a particularized demand by Iran.”

Affirmed

Full Text


Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.

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