Mori v. International Brotherhood of Boilermakers, Iron Ship Builders, Blacksmiths, Forgers & Helpers, Local Lodge No. 6

How later courts describe this case

• applying pre-UCC contract law principles to a letter of credit governed solely by the UCPDC
• Nigerian government's purchase of cement was a commercial activity irrespective of its purposes for so doing
• “Breach of an agreement is necessarily performed ‘in connection with’ that agreement, or with a series of similar agreements.”
• claims arising out of foreign country’s breach of contracts to purchase cement fall within commercial activity exception to immunity
• “[s]ince service [of process] was made under Section 1608, the relevant area in delineating contacts is the entire United States, not merely New York [the forum state]”
• in the case of a foreign corporation, the relevant inquiry is whether the corporation has suffered direct financial loss
• government of Nigeria liable for breach of contract for the purchase of nearly $1 billion worth of cement, even though it was to be used to build army barracks
• "Act of state analysis depends upon a careful case-by-case analysis of the extent to which the separation of powers concerns on which the doctrine is based are implicated by the action before the court."