9th Circ. Rules Powerex Is 'Foreign State'

Law360, New York (July 22, 2008, 12:00 AM EDT) -- The U.S. Court of Appeals for the Ninth Circuit has ruled that Canadian power company Powerex Corp. is a “foreign state” because it is an organ of British Columbia and is therefore entitled to a federal bench trial in the lawsuit filed against it by the California Department of Water Resources.

The lawsuit, which was filed in 2005 in a California state court and removed to federal court, accuses Powerex of manipulating the California energy markets “through Enron-style gaming and trading strategies.”

It was one of...
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