§Why CasetextPricing

Crystallex International Corp. 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 -

51 Cited authorities

  1. 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

  2. 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

  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. 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

  5. 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

  6. Petruska v. Gannon University

    462 F.3d 294 (3d Cir. 2006)   Cited 763 times   3 Legal Analyses
    Holding that a negligent misrepresentation claim was unaffected by the ministerial exception because its resolution "does not turn on the lawfulness of the decision to restructure, but rather upon the truth or falsity of the assurances that she would be evaluated on her merits" and that the breach of contract claim could also move forward because enforcement "in no way constitutes a state-imposed limit upon a church's free exercise rights," although it would be subject to an evaluation of whether resolution "required inquiry into the church's ecclesiastical policy"

  7. Obb Personenverkehr AG v. Sachs

    577 U.S. 27 (2015)   Cited 128 times   1 Legal Analyses
    Holding that "a one-element approach" is "flatly incompatible" with the Court's precedent

  8. 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"

  9. Doe v. See

    557 F.3d 1066 (9th Cir. 2009)   Cited 329 times   1 Legal Analyses
    Holding that the plaintiff failed to allege facts sufficient to overcome the presumption of juridical separateness

  10. Naartex Consulting Corp. v. Clark

    467 U.S. 1210 (1984)   Cited 209 times
    Holding that a district court did not abuse its discretion in denying discovery where "the pleadings contained no allegations of specific facts that could establish the requisite contacts with the District"

  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 345,715 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

  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 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"

  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 1,353 times   7 Legal Analyses
    Requiring that a "majority" of "shares or other ownership interest" be "owned" by the foreign state or its political subdivision

  16. 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

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

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

  18. 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”

  19. 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.”

  20. 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