37 Cited authorities

Gulf Oil Corp. v. Gilbert
330 U.S. 501 (1947) Cited 5,603 times 5 Legal Analyses
Holding that private interest factors include the "availability of compulsory process for attendance of un-willing, and the cost of obtaining attendance of willing, witnesses"
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
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
Phoenix Consulting Inc. v. Republic of Angola
216 F.3d 36 (D.C. Cir. 2000) Cited 276 times
Holding that the district court "must give the plaintiff ample opportunity to secure and present evidence relevant to the existence of jurisdiction"
Tsintolas Realty Co. v. Mendez
984 A.2d 181 (D.C. 2009) Cited 190 times
Holding that attaching a copy of a settlement agreement to a motion did not constitute a material breach of a confidentiality provision
De Csepel v. Republic of Hungary
714 F.3d 591 (D.C. Cir. 2013) Cited 96 times
Holding that if a plaintiff's potential “rejoinder to the affirmative defense is not foreclosed by the allegations in the complaint, dismissal at the Rule 12(b) stage is improper”
Chabad of U.S. v. Russian Fed
528 F.3d 934 (D.C. Cir. 2008) Cited 101 times 1 Legal Analyses
Holding to the extent jurisdiction depends on particular factual propositions, the plaintiff has a burden of production with respect to such facts
Oveissi v. Islamic Republic of Iran
573 F.3d 835 (D.C. Cir. 2009) Cited 83 times
Holding that the forum's choice-of-law principles apply, "rather than constructing a set of federal common law principles"
TMR Energy Ltd. v. State Property Fund of Ukraine
411 F.3d 296 (D.C. Cir. 2005) Cited 92 times 3 Legal Analyses
Holding that where a foreign state "exert sufficient control over [an entity] to make it an agent of the State, then there is no reason to extend to [that entity] a constitutional right that is denied to the sovereign itself"
Laroque v. Holder
650 F.3d 777 (D.C. Cir. 2011) Cited 63 times
Holding that a plaintiff not directly subject to an enforcement proceeding could bring a constitutional challenge under Free Enterprise Fund
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
Section 1391 - Venue generally
28 U.S.C. § 1391 Cited 27,860 times 197 Legal Analyses
Finding that venue lies where a "substantial part of the events or omissions giving rise to the claim" occurred
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
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"
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
Section 1608 - Service; time to answer; default
28 U.S.C. § 1608 Cited 909 times 5 Legal Analyses
Authorizing service "through diplomatic channels"

Dentons US LLP v. Republic of Guinea et al

37 Cited authorities

Holding that private interest factors include the "availability of compulsory process for attendance of un-willing, and the cost of obtaining attendance of willing, witnesses"

Holding that the Saudi government's wrongful arrest, imprisonment, and torture of plaintiff were sovereign not commercial activities

Holding that Argentina's issuance of bonds constitutes a commercial activity within the meaning of the FSIA

Holding that the district court "must give the plaintiff ample opportunity to secure and present evidence relevant to the existence of jurisdiction"

Holding that attaching a copy of a settlement agreement to a motion did not constitute a material breach of a confidentiality provision

Holding that if a plaintiff's potential “rejoinder to the affirmative defense is not foreclosed by the allegations in the complaint, dismissal at the Rule 12(b) stage is improper”

Holding to the extent jurisdiction depends on particular factual propositions, the plaintiff has a burden of production with respect to such facts

Holding that the forum's choice-of-law principles apply, "rather than constructing a set of federal common law principles"

Holding that where a foreign state "exert sufficient control over [an entity] to make it an agent of the State, then there is no reason to extend to [that entity] a constitutional right that is denied to the sovereign itself"

Holding that a plaintiff not directly subject to an enforcement proceeding could bring a constitutional challenge under Free Enterprise Fund

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

Finding that venue lies where a "substantial part of the events or omissions giving rise to the claim" occurred

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

Granting district courts with jurisdiction over claims against "foreign state"

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

Authorizing service "through diplomatic channels"