Sturdza v. United Arab Emirates

• Decision Date: 08 March 2002
• Docket Number: No. 00-7279.,00-7279.
• Parties: Elena STURDZA, Appellant, v. UNITED ARAB EMIRATES, et al., Appellees.
• Court: U.S. Court of Appeals — District of Columbia Circuit

Page 1287

281 F.3d 1287

Elena STURDZA, Appellant, v. UNITED ARAB EMIRATES, et al., Appellees.

No. 00-7279.

United States Court of Appeals, District of Columbia Circuit.

Argued November 9, 2001.

Decided March 8, 2002.

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Appeal from the United States District Court for the District of Columbia (No. 98cv02051).

Nathan Lewin argued the cause for appellant. With him on the briefs were Alyza D. Lewin and David T. Shapiro.

John A. King argued the cause and filed the brief for appellees Angelos Demetriou & Associates and Angelos C. Demetriou.

Haig V. Kalbian and Mary M. Baker were on the brief for appellee The Government of the United Arab Emirates.

Before: HENDERSON and TATEL, Circuit Judges, and SILBERMAN, Senior Circuit Judge.

Opinion for the Court filed by Circuit Judge TATEL.

Concurring opinion filed by Circuit Judge HENDERSON.

TATEL, Circuit Judge:

This case involves a dispute between two architects, one of whom, Elena Sturdza, accuses the other, Angelos Demetriou, of stealing her design for the United Arab Emirates' new embassy. In addition to suing Demetriou and the UAE for copyright infringement, Sturdza charges the UAE with breach of contract, as well as with conspiracy to commit sex discrimination in violation of 42 U.S.C. § 1985, and Demetriou with several torts: conspiracy to commit fraud, tortious interference with contract, and intentional infliction of emotional distress. Concluding that no reasonable jury could find Demetriou's design "substantially similar" to Sturdza's, the district court granted summary judgment for Demetriou and the UAE on the copyright infringement claim. The district court also dismissed Sturdza's breach of contract claim, concluding that District of Columbia law bars such claims by architects who (like Sturdza) have no D.C. architecture license; her tort claims, finding them preempted by the federal Copyright Act; and her section 1985 claim, concluding that foreign governments are not "persons" within the meaning of the statute. We agree with the district court's section 1985 ruling, but have a different view of Sturdza's other claims. Although differences between the two embassy designs could permit a reasonable jury to conclude that Demetriou's design is not "substantially similar" to Sturdza's, because we believe there are sufficient similarities for the jury to reach the opposite conclusion, we reverse the grant of summary judgment. While the district court may well be correct that D.C. law bars Sturdza's breach of contract claim, we think the law sufficiently uncertain to warrant certifying the issue to the D.C. Court of Appeals. Finally, because Sturdza's tort claims are qualitatively different from her copyright infringement claim and therefore not preempted, we reverse the dismissal of those claims.

I.

In 1993, the United Arab Emirates held a competition for the architectural design of a new embassy and chancery building that it planned to build in Washington, D.C. The UAE provided competitors with a "Program Manual" detailing requirements for various aspects of the design. According to the cover letter accompanying the Manual, the UAE sought a "modern sophisticated multi-use facility expressing the richness and variety of traditional Arab motifs." Letter from Mohammed Al-Shaali, Ambassador, United Arab Emirates, to Angelos Demetriou, President, Demetriou & Associates 1-2 (June 7, 1993).

Appellant Elena Sturdza submitted a design, as did appellee Angelos Demetriou and his architecture firm, Demetriou & Associates. A "jury" comprised of architects and civil engineers judged the competition entries. First Am. Compl. ¶ 15; Adham Hamdan Decl. ¶ 14. The UAE informed Sturdza that she had won.

Sturdza and the UAE then began contract negotiations, exchanging eight contract proposals over the course of the next two years. In late 1994, the UAE requested some "minor changes" to the design and asked Sturdza to provide multiple, bound copies for UAE officials. First Am. Compl. ¶ 23. Sturdza complied with both requests. A year later, the UAE asked Sturdza to perform certain "geotechnical" engineering services needed to commence construction. Id. ¶ 25. Complying with this request as well, Sturdza hired an engineer and assisted him in addressing various technical issues. The UAE asked Sturdza to defer billing for these services because it was "about to sign the contract." Id. ¶ 28. According to the UAE's Director of Public Relations, the UAE and Sturdza had reached agreement on all issues by late 1995. In early 1996, the UAE made several changes in the draft contract, sending Sturdza a "final draft incorporating all the changes mandated by the Ambassador." Facsimile transmission from John T. Szymkowicz, Attorney, Szymkowicz & Buffington, to Elena Sturdza (June 7, 1996). Although Sturdza informed the UAE that she agreed to these changes, the UAE ceased communicating with her, neither signing the contract nor responding to her repeated attempts to make contact.

In late 1997, Sturdza learned that the UAE had presented an embassy design to the National Capital Planning Commission. Visiting the Commission and obtaining a copy of the design, Sturdza discovered not only that it was Demetriou's, but also that it differed from his 1993 competition entry and, according to Sturdza, "copied and appropriated many of the design features that had been the hallmark of her design." First Am. Compl. ¶ 47. The UAE eventually contracted with Demetriou to use his revised design and began building its embassy.

Sturdza filed suit in the United States District Court for the District of Columbia against the UAE and Demetriou. Her amended complaint raises four categories of claims relevant to this appeal: (1) a copyright claim against the UAE and Demetriou (Count Three); (2) breach of contract and quantum meruit claims against the UAE (Counts One and Two); (3) tort claims for conspiracy to commit fraud, tortious interference with contract, and intentional infliction of emotional distress against Demetriou (Counts Five, Six, and Seven); and (4) a claim for conspiracy to commit sex discrimination in violation of 42 U.S.C. § 1985 against the UAE (Count Eight). The district court granted summary judgment against Sturdza on her copyright infringement, breach of contract, and quantum meruit claims, and dismissed under Federal Rule of Civil Procedure 12(b)(6) her conspiracy to commit fraud, tortious interference with contract, intentional infliction of emotional distress, and section 1985 claims. See Sturdza v. United Arab Emirates, No. 98-2051, slip op. at 7-9 (D.D.C. July 22, 1999) (tort claims); Sturdza v. United Arab Emirates, No. 98-2051, slip op. at 11, 14 (Dec. 22, 1999) (breach of contract, quantum meruit, and section 1985 claims); Sturdza v. United Arab Emirates, No. 98-2051, slip op. at 15 (Oct. 30, 2000) (copyright claim). Sturdza appeals. Our review is de novo. Wilson v. Pena, 79 F.3d 154, 160 n. 1 (D.C.Cir.1996) ("Our standard of review under Federal Rules 12(b)(6) and 56 is the same: de novo.").

II.

We begin with a threshold issue. Claiming that certain filings by Sturdza and her appellate counsel have inflicted "irreparable prejudice," "tainted the record before this Court," and improperly portrayed them as "villains," the UAE and Demetriou moved to dismiss this appeal pursuant to D.C. Circuit Rule 38. Appellees' Mot. to Dismiss Appeal at 8-10. Under Rule 38, we may impose sanctions, including dismissal,

[w]hen any party to a proceeding before this court or any attorney practicing before this court fails to comply with the FRAP or these rules, or takes an appeal or files a petition or motion that is frivolous or interposed for an improper purpose, such as to harass or to cause unnecessary delay[.]

D.C. CIR. R. 38. We deferred ruling on the motion to dismiss until after oral argument. We now deny the motion.

The filings about which the UAE and Demetriou complain began after Sturdza's appellate counsel, Nathan Lewin, submitted his opening brief. In several pro se motions and other documents, Sturdza accused Lewin of failing to follow her directions and sought to bring to our attention her own view of Demetriou's and the UAE's conduct. In one motion, Sturdza attempted to add "critical information" to her appellate brief that she said was "either missing or false." Appellant's Pro Se Mot. to File Corrections at 1. Denying that motion, we reminded Sturdza that "[a]ppellant has counsel whom she has retained and thus is her representative in this appeal.... So long as appellant is represented by counsel, the attorney speaks on her behalf before this court." Order of the United States Court of Appeals for the District of Columbia Circuit at 1 (Aug. 29, 2001) (No. 00-7279).

Undeterred, Sturdza made additional pro se filings accusing Lewin of failing to represent her properly. For example, in a "motion for reconsideration," she charged that Lewin "intentionally delayed submissions for [her] review ... to deprive her of adequate time to act," reiterating that her appellate brief contains "false statements, misleading statements and omissions [of] important facts." Appellant's Pro Se Mot. for Recons. at 2.

Lewin filed several affidavits in which he denied Sturdza's accusations and described his efforts to consult with Sturdza regarding her appeal. Lewin also submitted copies of correspondence illustrating his efforts to communicate with Sturdza. In one such letter, Lewin explained that "based on [his] professional judgment and experience," he decided to omit certain material from the appellate brief, namely, "poor legal arguments, unsubstantiated factual allegations and other material that was not suitable for the brief and would have reduced its persuasiveness[.]" Letter from Nathan Lewin, Attorney, Mintz, Levin, Cohn, Ferris, Glovsky & Popeo, to Elena Sturdza 2-3 (Sept. 7, 2001). Lewin attached to his...