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CCM Pension-A, L.L.C. et al v. The Republic of Argentina

MEMORANDUM OF LAW in Support re: 20 MOTION to Dismiss the Complaint pursuant to Rules 12

35 Cited authorities

  1. Atl. Marine Constr. Co. v. U.S. Dist. Court for the W. Dist. of Tex.

    571 U.S. 49 (2013)   Cited 3,666 times   39 Legal Analyses
    Holding that the correct procedural mechanism for enforcement of an FSC specifying a foreign forum is through a motion to dismiss for FNC

  2. The Bremen v. Zapata Off-Shore Co.

    407 U.S. 1 (1972)   Cited 4,534 times   41 Legal Analyses
    Holding that courts should enforce a choice-of-law clause when it is part of a "freely negotiated private international agreement"

  3. Argentine Republic v. Amerada Hess Shipping

    488 U.S. 428 (1989)   Cited 901 times   7 Legal Analyses
    Holding the Foreign Sovereign Immunities Act of 1976 barred ATS suits against foreign governments

  4. Saudi Arabia v. Nelson

    507 U.S. 349 (1993)   Cited 646 times   5 Legal Analyses
    Holding that the Saudi government's wrongful arrest, imprisonment, and torture of plaintiff were sovereign not commercial activities

  5. Library of Congress v. Shaw

    478 U.S. 310 (1986)   Cited 625 times   1 Legal Analyses
    Holding that Title VII conditions on waiver must be strictly construed

  6. Phillips v. Audio Active

    494 F.3d 378 (2d Cir. 2007)   Cited 566 times   2 Legal Analyses
    Holding that contract language stating proceedings "are to be brought in England" is a mandatory forum selection clause

  7. Robinson v. Gov't of Malay.

    269 F.3d 133 (2d Cir. 2001)   Cited 422 times
    Holding that, in assessing FSIA jurisdiction, district court should "review the allegations in the complaint, the undisputed facts, if any, placed before it by the parties, and—if the plaintiff comes forward with sufficient evidence to carry its burden of production on this issue—resolve disputed issues of fact, with the defendant foreign sovereign shouldering the burden of persuasion"

  8. John Boutari and Son v. Attiki Importers

    22 F.3d 51 (2d Cir. 1994)   Cited 228 times
    Holding that contractual provision stating that "[a]ny dispute arising between the parties hereunder shall come within the jurisdiction of the competent Greek Courts" was a permissive forum selection clause

  9. Cargill Int'l S.A. v. M/T Pavel Dybenko

    991 F.2d 1012 (2d Cir. 1993)   Cited 190 times
    Holding that a third-party beneficiary to a charter party “must show that ‘the parties to that contract intended to confer a benefit on [it] when contracting; it is not enough that some benefit incidental to the performance of the contract may accrue to [it]’ ” (alterations in original) (quoting McPheeters v. McGinn, Smith & Co., 953 F.2d 771, 773 (2d Cir.1992))

  10. Intl. Brotherhood v. Georgia Power Co.

    511 U.S. 1069 (1994)   Cited 54 times
    Using the specification for guidance "when the meaning of the claim term is in doubt"

  11. 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

  12. Section 1330 - Actions against foreign states

    28 U.S.C. § 1330   Cited 1,645 times   13 Legal Analyses
    Granting district courts with jurisdiction over claims against "foreign state"

  13. Section 1603 - Definitions

    28 U.S.C. § 1603   Cited 1,353 times   7 Legal Analyses
    Requiring that a "majority" of "shares or other ownership interest" be "owned" by the foreign state or its political subdivision

  14. Section 1604 - Immunity of a foreign state from jurisdiction

    28 U.S.C. § 1604   Cited 1,108 times   9 Legal Analyses
    Granting immunity to foreign states, their agencies, and their instrumentalities

  15. Section 1608 - Service; time to answer; default

    28 U.S.C. § 1608   Cited 905 times   5 Legal Analyses
    Authorizing service "through diplomatic channels"