SURVEY OF INTERNATIONAL LAW IN THE SECOND CIRCUIT: 1997-1998 SURVEY OF INTERNATIONAL LAW IN THE SECOND CIRCUIT

I. Foreign Sovereign Immunity Act A. Elliott v. British Tourist Authority, 986 F.Supp. 189 (S.D.N.Y. 1997); Although the Foreign Sovereign Immunity Act ("FSIA") mandates that a wholly-owned, funded and directed tourism promoting agency of a foreign government is to be presumed immune from the jurisdiction of United States, the agency's hiring of American citizens to work in the United States requires it to abide by the Age Discrimination in Employment Act ("ADEA") with regard to such employees and brings it within the FSIA's commercial exception, which may overcome such presumption of immunity. In Elliott v. British Tourist Authority, the District Court for the Southern District of New York held that although the Foreign Sovereign Immunity Act ("FSIA") 1 mandates that a wholly-owned, funded and directed tourism promoting agency of a foreign government is to be presumed immune from the jurisdiction of United States, the agency's hiring of American citizens to work in the United States requires it to abide by the Age Discrimination in Employment Act ("ADEA") 2 with regard to such employees and brings it within the FSIA's commercial exception, which may overcome such presumption of immunity. 3 The plaintiff, a New York resident formerly employed by the British Tourist Authority ("BTA") in its New York office, claimed that he was wrongfully terminated because of his age in violation of the ADEA. 4 In response, the BTA moved to dismiss, arguing that as an agency of a foreign state, it is entitled to immunity ...