46 Cited authorities

  1. Sosa v. Alvarez-Machain

    542 U.S. 692 (2004)   Cited 1,171 times   16 Legal Analyses
    Holding that no "private cause of action" had been Congressionally authorized, and thus, plaintiff was "not entitled to a remedy"
  2. Argentine Republic v. Amerada Hess Shipping

    488 U.S. 428 (1989)   Cited 903 times   7 Legal Analyses
    Holding the Foreign Sovereign Immunities Act of 1976 barred ATS suits against foreign governments
  3. Graham Cty. Soil Water Con. v. U.S. ex Rel. Wilson

    545 U.S. 409 (2005)   Cited 313 times   5 Legal Analyses
    Holding that in assessing timeliness of a FCA retaliation claim, courts should borrow the most closely analogous state limitations period
  4. Burnett v. N.Y. Cent. R. Co.

    380 U.S. 424 (1965)   Cited 1,017 times
    Holding that an action filed in an improper venue tolled the FELA statute of limitations, and noting that "venue objections may be waived by the defendant"
  5. Sandvik v. U.S.

    177 F.3d 1269 (11th Cir. 1999)   Cited 955 times   3 Legal Analyses
    Holding that "[e]quitable tolling is appropriate when a movant untimely files because of extraordinary circumstances that are both beyond his control and unavoidable even with diligence"
  6. Herbert v. National Academy of Sciences

    974 F.2d 192 (D.C. Cir. 1992)   Cited 1,139 times
    Holding that on a motion to dismiss under Rule 12(b), a court may consider the facts alleged in the complaint, supplemented by undisputed facts evidenced in the record, and disputed facts in the record that have been resolved by the district court
  7. Grand Lodge of Frat. Order of Police v. Ashcroft

    185 F. Supp. 2d 9 (D.D.C. 2001)   Cited 752 times   1 Legal Analyses
    Holding that the court has an "affirmative obligation to ensure that it is acting within the scope of its jurisdictional authority"
  8. Haase v. Sessions

    835 F.2d 902 (D.C. Cir. 1987)   Cited 651 times   1 Legal Analyses
    Holding that the Court may look beyond the allegations in the complaint to resolve a motion to dismiss for lack of subject-matter jurisdiction
  9. Kadic v. Karadzic

    70 F.3d 232 (2d Cir. 1995)   Cited 307 times   1 Legal Analyses
    Holding that private individuals may be held liable under the ATS for genocide and war crimes but not torture or summary execution
  10. Papa v. United States

    281 F.3d 1004 (9th Cir. 2002)   Cited 200 times
    Holding that immigrant could bring Bivens action for alleged due process violations during immigration detention
  11. Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing

    Fed. R. Civ. P. 12   Cited 346,675 times   923 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
  12. Rule 4 - Summons

    Fed. R. Civ. P. 4   Cited 69,253 times   122 Legal Analyses
    Holding that if defendant is not served within 90 days after the complaint is filed, the court—on a motion, or on its own following notice to the plaintiff—must dismiss the action without prejudice against that defendant or order that service be made by a certain time
  13. Section 1605 - General exceptions to the jurisdictional immunity of a foreign state

    28 U.S.C. § 1605   Cited 1,900 times   47 Legal Analyses
    Adopting the meaning given that term in section 3 of the Torture Victim Protection Act of 1991
  14. Section 1602 - Findings and declaration of purpose

    28 U.S.C. § 1602   Cited 1,440 times   16 Legal Analyses
    Setting forth Congressional findings and the purposes of FSIA
  15. Section 1603 - Definitions

    28 U.S.C. § 1603   Cited 1,356 times   7 Legal Analyses
    Requiring that a "majority" of "shares or other ownership interest" be "owned" by the foreign state or its political subdivision
  16. Section 1350 - Alien's action for tort

    28 U.S.C. § 1350   Cited 1,166 times   64 Legal Analyses
    Granting district courts jurisdiction over "any civil action . . . for a tort only, committed in violation of the law of nations"
  17. Section 1604 - Immunity of a foreign state from jurisdiction

    28 U.S.C. § 1604   Cited 1,111 times   9 Legal Analyses
    Granting immunity to foreign states, their agencies, and their instrumentalities
  18. Section 1608 - Service; time to answer; default

    28 U.S.C. § 1608   Cited 909 times   5 Legal Analyses
    Authorizing service "through diplomatic channels"
  19. Section 2333 - Civil remedies

    18 U.S.C. § 2333   Cited 463 times   22 Legal Analyses
    Granting any ATA claimant the right to sue "in any appropriate district court of the United States"
  20. Section 46502 - Aircraft piracy

    49 U.S.C. § 46502   Cited 33 times   1 Legal Analyses
    Prohibiting committing or conspiring to commit aircraft piracy