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Allen et al v. Russian Federation et al

REPLY to opposition to motion re MOTION to Dismiss Plaintiffs' Amended Complaint

39 Cited authorities

  1. Pinker v. Roche Holdings Ltd.

    292 F.3d 361 (3d Cir. 2002)   Cited 2,323 times
    Holding that in ruling on a Rule 12(b) motion we must accept all of the plaintiff's allegations as true and construct disputed facts in favor of the plaintiff.

  2. Dole Food Co. v. Patrickson

    538 U.S. 468 (2003)   Cited 517 times   7 Legal Analyses
    Holding that a now-private corporation could not assert sovereign immunity in a suit involving events that occurred when the entity was owned by a foreign sovereign

  3. Republic of Argentina v. Weltover, Inc.

    504 U.S. 607 (1992)   Cited 648 times   7 Legal Analyses
    Holding that Argentina's issuance of bonds constitutes a commercial activity within the meaning of the FSIA

  4. First National City Bank v. Banco Para El Comercio Exterior de Cuba

    462 U.S. 611 (1983)   Cited 544 times   1 Legal Analyses
    Holding that the instrumentality was the alter ego of the sovereign, and refusing to give effect to the instrumentality's separate juridical status

  5. Zappia Middle East Construction Co. v. Emirate of Abu Dhabi

    215 F.3d 247 (2d Cir. 2000)   Cited 528 times
    Finding that the Abu Dhabi Commercial Bank was not an alter ego of Emirate of Abu Dhabi

  6. Siderman de Blake v. Republic of Argentina

    965 F.2d 699 (9th Cir. 1992)   Cited 250 times   1 Legal Analyses
    Holding a violation of a jus cogens norm is not a sovereign act

  7. Foremost-McKesson, Inc. v. Islamic Republic of Iran

    905 F.2d 438 (D.C. Cir. 1990)   Cited 244 times   1 Legal Analyses
    Holding that defendant waived a constitutional objection to personal jurisdiction where it raised only a statutory objection before the district court

  8. Garb v. Republic of Poland

    440 F.3d 579 (2d Cir. 2006)   Cited 104 times
    Holding that the core function of “hold[ing] and administer[ing] the property of the [foreign] state[ was] indisputably governmental”

  9. Princz v. Federal Republic of Germany

    26 F.3d 1166 (D.C. Cir. 1994)   Cited 143 times   1 Legal Analyses
    Holding that plaintiff could not recover for slave labor performed at Nazi concentration camps, because Germany's conduct was not commercial activity causing a "direct effect in the United States" and did not constitute an implied waiver of sovereign immunity

  10. Transamerica Leasing, Inc. v. La Republica de Venezuela

    200 F.3d 843 (D.C. Cir. 2000)   Cited 77 times   1 Legal Analyses
    Holding that one entity “does not create an agency relationship merely by owning a majority of a corporation's stock or by appointing its Board of Directors”

  11. Section 1332 - Diversity of citizenship; amount in controversy; costs

    28 U.S.C. § 1332   Cited 111,339 times   572 Legal Analyses
    Holding district court has jurisdiction over action between diverse citizens "where the matter in controversy exceeds the sum or value of $75,000"

  12. Section 1605 - General exceptions to the jurisdictional immunity of a foreign state

    28 U.S.C. § 1605   Cited 1,896 times   47 Legal Analyses
    Adopting the meaning given that term in section 3 of the Torture Victim Protection Act of 1991

  13. Section 1603 - Definitions

    28 U.S.C. § 1603   Cited 1,354 times   7 Legal Analyses
    Requiring that a "majority" of "shares or other ownership interest" be "owned" by the foreign state or its political subdivision