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Meudy Osio, et al. v. PDVSA — 11th Cir. (Oct 1, 2026)

No. 25-12365 Argued October 1, 2026 Published October 3, 2026

Fernando Alban's family seeks to collect a judgment arising from his kidnapping and killing. They won against Nicolas Maduro and others, and now seek the frozen assets of the Venezuelan company PDVSA. PDVSA was not a defendant in the original action and wants the asset-seizure orders undone. The district judge accepted the family's jurisdiction theory, but ordered a fact-finding hearing on notice and the company's relationship to the Maduro regime. PDVSA appealed that immunity ruling. The rival statutes are the Foreign Sovereign Immunities Act and the Terrorism Risk Insurance Act, or TRIA. Section 201 of TRIA permits certain terrorism judgments to be collected from blocked assets of a terrorist party or its agencies and instrumentalities. Jurisdictional immunity protects a foreign state from court proceedings; execution immunity protects property from seizure. The company's lawyer will argue that TRIA overcomes only the latter and that an independent basis for jurisdiction is still needed. The family will argue that TRIA itself provides that basis.

Meudy Osio, et al. v. PDVSA (No. 25-12365) — U.S. Court of Appeals for the Eleventh Circuit, argued October 1, 2026.

Sources
Argument audio — Eleventh Circuit (public domain, 17 U.S.C. § 105):https://www.ca11.uscourts.gov/sites/default/files/oral_argument_recordings/25-12365_10012026.mp3
Argument listing and date — Eleventh Circuit:https://www.ca11.uscourts.gov/oral-argument-recordings?page=0
Appealed district order, July 9, 2025, Doc. 583 — S.D. Florida (court PDF mirrored by Justia):https://cases.justia.com/federal/district-courts/florida/flsdce/1:2021cv20706/587361/583/0.pdf
District report on PDVSA's motion, April 9, 2025, Doc. 401 — S.D. Florida / GovInfo:https://www.govinfo.gov/content/pkg/USCOURTS-flsd-1_21-cv-20706/pdf/USCOURTS-flsd-1_21-cv-20706-20.pdf
Appellate docket and counsel appearances — court docket mirrored by Justia (snapshot through Dec. 29, 2025):https://dockets.justia.com/docket/circuit-courts/ca11/25-12365
Charles Rothfeld — Mayer Brown profile:https://www.mayerbrown.com/en/people/r/rothfeld-charles-a
Terrorism Risk Insurance Act, § 201 — Congress / GovInfo:https://www.govinfo.gov/content/pkg/PLAW-107publ297/pdf/PLAW-107publ297.pdf
Foreign Sovereign Immunities Act, §§ 1604–1605, 1609 — U.S. Code / GovInfo:https://www.govinfo.gov/content/pkg/USCODE-2024-title28/pdf/USCODE-2024-title28-partIV-chap97.pdf
OBB Personenverkehr v. Sachs — Supreme Court opinion (court PDF mirrored by Cornell):https://www.law.cornell.edu/supct/pdf/13-1067.pdf

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