Getty v. National Oil Corporation Libya

Background

Jamode Elie Getty filed the action without a lawyer and was allowed to proceed without paying filing fees in advance. He sued National Oil Corporation Libya (NOC Libya) and Honeywell International, Inc. Getty alleged that he is the chief executive officer and founder of Murzuq Oil in Libya and Murzuq Oil and Gas company, which the opinion says appears to be an American branch of Murzuq Oil.

Getty asserted claims described as “theft of business plan and industrial strategy,” “professional identity theft,” and racial discrimination against NOC Libya. He also sought to have Honeywell charged with violating “competition law.” He requested $10 billion and an additional $5 billion for “moral damage” from NOC Libya, and $320 million from Honeywell.

Getty alleged that NOC Libya took his business plan because he belongs to the Toubou ethnic group, which he said has historically been heavily persecuted in Libya. He said he shared the plan while seeking government support for an effort to acquire a French oil refinery, and that NOC Libya later used his company’s name, business information, and ideas. He also alleged that NOC Libya hired Honeywell instead of his company for an oil project because of corrupt and discriminatory practices.

Claims Against Honeywell

The court dismissed the claims against Honeywell under 28 U.S.C. § 1915(e)(2)(B)(ii), which requires dismissal of a fee-free complaint that fails to state a legally sufficient claim. The court found that Getty alleged only that Honeywell accepted a job from NOC Libya. The complaint did not allege that Getty or his company had any involvement with Honeywell, or that Honeywell violated a law at Getty’s expense. The allegations therefore did not allow the court to reasonably infer that Honeywell was legally responsible for harm to Getty.

Claims Against NOC Libya

The court held that the claims against NOC Libya were barred by the Foreign Sovereign Immunities Act, the federal law governing when a foreign state or its instrumentality may be sued in United States courts. The opinion treated NOC Libya as an instrumentality or subdivision of Libya because it is a corporation organized under Libyan law and wholly owned by the Libyan government.

Getty’s allegations implicated the Act’s commercial-activity exception, but the court explained that this exception required him to show a direct effect in the United States because the relevant commercial activity occurred outside the country. The court found that Getty did not provide facts showing such an effect. It found no apparent United States connection to the alleged misuse of his company name or business plan, and concluded that NOC Libya’s decision to hire Honeywell did not have a direct effect in the United States merely because Honeywell is an American company.

The court also dismissed Getty’s claims under the Alien Tort Claims Act. It explained that the Act does not apply when the alleged violation of international law occurred outside the United States, and that Getty’s allegations indicated that the relevant conduct occurred abroad. The court further stated that the Act does not permit claims against foreign corporations, such as NOC Libya.

Leave to Amend and Disposition

Because Getty was representing himself, the court granted him 30 days to file an amended complaint. The amendment must completely replace the original complaint rather than supplement it. The court said Getty could attempt to allege either a valid claim against NOC Libya under the Foreign Sovereign Immunities Act or a valid claim against Honeywell under some applicable law.

The amended complaint must include the information Getty wants the court to consider, including relevant people and their titles, events and approximate dates and locations, injuries, requested relief, and addresses for the defendants if available. The court ordered the complaint dismissed under 28 U.S.C. § 1915(e)(2)(B)(ii)–(iii), granted leave to amend, directed that no summons issue at that time, and instructed the clerk to keep the matter open until a civil judgment is entered. If Getty does not timely amend and cannot show good cause for failing to do so, the court said it will direct the clerk to enter judgment. Judge Laura Taylor Swain also certified that an appeal would not be taken in good faith and denied fee-free status for an appeal.