46 Cited authorities

Sosa v. Alvarez-Machain
542 U.S. 692 (2004) Cited 1,167 times 16 Legal Analyses
Holding that no "private cause of action" had been Congressionally authorized, and thus, plaintiff was "not entitled to a remedy"
Argentine Republic v. Amerada Hess Shipping
488 U.S. 428 (1989) Cited 902 times 7 Legal Analyses
Holding the Foreign Sovereign Immunities Act of 1976 barred ATS suits against foreign governments
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
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"
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"
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
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"
Haase v. Sessions
835 F.2d 902 (D.C. Cir. 1987) Cited 649 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
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
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
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 345,981 times 922 Legal Analyses
Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Rule 4 - Summons
Fed. R. Civ. P. 4 Cited 69,012 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
Section 1605 - General exceptions to the jurisdictional immunity of a foreign state
28 U.S.C. § 1605 Cited 1,897 times 47 Legal Analyses
Adopting the meaning given that term in section 3 of the Torture Victim Protection Act of 1991
Section 1602 - Findings and declaration of purpose
28 U.S.C. § 1602 Cited 1,439 times 16 Legal Analyses
Setting forth Congressional findings and the purposes of FSIA
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
Section 1350 - Alien's action for tort
28 U.S.C. § 1350 Cited 1,164 times 64 Legal Analyses
Granting district courts jurisdiction over "any civil action . . . for a tort only, committed in violation of the law of nations"
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
Section 1608 - Service; time to answer; default
28 U.S.C. § 1608 Cited 906 times 5 Legal Analyses
Authorizing service "through diplomatic channels"
Section 2333 - Civil remedies
18 U.S.C. § 2333 Cited 462 times 22 Legal Analyses
Granting any ATA claimant the right to sue "in any appropriate district court of the United States"
Section 46502 - Aircraft piracy
49 U.S.C. § 46502 Cited 33 times 1 Legal Analyses
Prohibiting committing or conspiring to commit aircraft piracy

CERTAIN UNDERWRITERS AT LLOYDS LONDON et al v. GREAT SOCIALIST PEOPLE'S LIBYAN ARAB JAMAHIRIYA et al

46 Cited authorities

Holding that no "private cause of action" had been Congressionally authorized, and thus, plaintiff was "not entitled to a remedy"

Holding the Foreign Sovereign Immunities Act of 1976 barred ATS suits against foreign governments

Holding that in assessing timeliness of a FCA retaliation claim, courts should borrow the most closely analogous state limitations period

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"

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"

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

Holding that the court has an "affirmative obligation to ensure that it is acting within the scope of its jurisdictional authority"

Holding that the Court may look beyond the allegations in the complaint to resolve a motion to dismiss for lack of subject-matter jurisdiction

Holding that private individuals may be held liable under the ATS for genocide and war crimes but not torture or summary execution

Holding that immigrant could bring Bivens action for alleged due process violations during immigration detention

Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

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

Adopting the meaning given that term in section 3 of the Torture Victim Protection Act of 1991

Setting forth Congressional findings and the purposes of FSIA

Requiring that a "majority" of "shares or other ownership interest" be "owned" by the foreign state or its political subdivision

Granting district courts jurisdiction over "any civil action . . . for a tort only, committed in violation of the law of nations"

Granting immunity to foreign states, their agencies, and their instrumentalities

Authorizing service "through diplomatic channels"

Granting any ATA claimant the right to sue "in any appropriate district court of the United States"

Prohibiting committing or conspiring to commit aircraft piracy