§Why CasetextPricing

Conocophillips Petrozuata B.V. et al v. Petroleos DE Venezuela S.A. et al

MOTION to Dismiss for Lack of Jurisdiction Over the Subject Matter , MOTION to Dismiss for Lack of Jurisdiction Over the Person , MOTION to Dismiss for Failure to State a Claim -

50 Cited authorities

  1. 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

  2. Saudi Arabia v. Nelson

    507 U.S. 349 (1993)   Cited 647 times   5 Legal Analyses
    Holding that the Saudi government's wrongful arrest, imprisonment, and torture of plaintiff were sovereign not commercial activities

  3. Republic of Argentina v. Weltover, Inc.

    504 U.S. 607 (1992)   Cited 649 times   7 Legal Analyses
    Holding that Argentina's issuance of bonds constitutes a commercial activity within the meaning of the FSIA

  4. Verlinden B. V. v. Central Bank of Nigeria

    461 U.S. 480 (1983)   Cited 870 times   1 Legal Analyses
    Holding that the FSIA creates federal question jurisdiction

  5. Davis v. Fargo

    824 F.3d 333 (3d Cir. 2016)   Cited 825 times
    Holding appellant's claims were barred by claim preclusion because he “was well aware of all of the operative facts prior to” filing his amended complaint

  6. Obb Personenverkehr AG v. Sachs

    577 U.S. 27 (2015)   Cited 129 times   1 Legal Analyses
    Holding that "a one-element approach" is "flatly incompatible" with the Court's precedent

  7. Robinson v. Gov't of Malay.

    269 F.3d 133 (2d Cir. 2001)   Cited 423 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. Walters v. Industrial and Commercial Bank of China

    651 F.3d 280 (2d Cir. 2011)   Cited 274 times
    Holding that a court may raise statute of limitations sua sponte when facts supporting that defense "are set forth in the papers plaintiff himself submitted"

  9. Terenkian v. Republic of Iraq

    694 F.3d 1122 (9th Cir. 2012)   Cited 153 times
    Holding that the standard for a facial jurisdictional challenge is the same as that for a motion to dismiss on the pleadings

  10. Voest-Alpine Trading USA Corp. v. Bank of China

    142 F.3d 887 (5th Cir. 1998)   Cited 157 times
    Holding that an American company's “nontrivial financial loss in the United States in the form of funds not remitted to its account at a Texas bank” was a direct effect

  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 346,412 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. Section 1605 - General exceptions to the jurisdictional immunity of a foreign state

    28 U.S.C. § 1605   Cited 1,899 times   47 Legal Analyses
    Adopting the meaning given that term in section 3 of the Torture Victim Protection Act of 1991

  13. Section 1330 - Actions against foreign states

    28 U.S.C. § 1330   Cited 1,647 times   13 Legal Analyses
    Granting district courts with jurisdiction over claims against "foreign state"

  14. 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

  15. Section 1603 - Definitions

    28 U.S.C. § 1603   Cited 1,355 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 1604 - Immunity of a foreign state from jurisdiction

    28 U.S.C. § 1604   Cited 1,110 times   9 Legal Analyses
    Granting immunity to foreign states, their agencies, and their instrumentalities

  17. Section 1610 - Exceptions to the immunity from attachment or execution

    28 U.S.C. § 1610   Cited 442 times   14 Legal Analyses
    Abrogating attachment immunity of property of a foreign state when the property is “used for commercial activity in the United States”

  18. Section 1609 - Immunity from attachment and execution of property of a foreign state

    28 U.S.C. § 1609   Cited 206 times   2 Legal Analyses
    Explaining that immunity from arrest is “[s]ubject to existing international agreements which the United States is a party at the time of enactment.”

  19. Section 1304 - Transfers fraudulent as to present and future creditors

    Del. Code tit. 6 § 1304   Cited 165 times   3 Legal Analyses
    Cross-referencing Del. Code Ann. tit. 6, § 1304

  20. Section 1301 - Definitions

    Del. Code tit. 6 § 1301   Cited 101 times   2 Legal Analyses

    As used in this chapter: (1) "Affiliate" means: a. A person who directly or indirectly owns, controls or holds with power to vote, 20 percent or more of the outstanding voting securities of the debtor, other than a person who holds the securities: 1. As a fiduciary or agent without sole discretionary power to vote the securities; or 2. Solely to secure a debt, if the person has not exercised the power to vote; b. A corporation, 20 percent or more of whose outstanding voting securities are directly