21 Cited authorities

Societe Nat. Ind. Aero. v. U.S. Dist. Court
482 U.S. 522 (1987) Cited 594 times 30 Legal Analyses
Holding that "the Hague Convention did not deprive the District Court of the jurisdiction it would otherwise possess to order a foreign national party before it to produce evidence physically located within a signatory nation"
Motorola Credit Corp. v. Uzan
388 F.3d 39 (2d Cir. 2004) Cited 442 times 2 Legal Analyses
Holding that where “the parties' briefs assume that New York law controls . . . such implied consent . . . is sufficient to establish choice of law”
Walters v. Industrial and Commercial Bank of China
651 F.3d 280 (2d Cir. 2011) Cited 277 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"
JP Morgan Chase Bank v. Altos Hornos De Mexico, S.A de C.V.
412 F.3d 418 (2d Cir. 2005) Cited 245 times 5 Legal Analyses
Holding that arguments not made in the parties' opening briefs on appeal are waived
Koehler v. Bank of Bermuda
2009 N.Y. Slip Op. 4297 (N.Y. 2009) Cited 124 times 14 Legal Analyses
Holding that a New York court with personal jurisdiction over a defendant may order him to turn over out-of-state property regardless of whether the defendant is a judgment debtor or a garnishee
Hilton v. Guyot
159 U.S. 113 (1895) Cited 1,099 times 25 Legal Analyses
Holding that matters should not be retried absent a showing of prejudice, fraud, or some other extenuating circumstance "where there has been opportunity for a full and fair trial abroad before a court of competent jurisdiction"
Peterson v. Islamic Republic of Iran
627 F.3d 1117 (9th Cir. 2010) Cited 93 times
Holding that a district court can raise the issue of foreign sovereign immunity sua sponte
Karaha Bodas v. Perusahaan Pertambangan Minyak
313 F.3d 70 (2d Cir. 2002) Cited 108 times 1 Legal Analyses
Holding that "a party seeking to enforce a judgment 'stand in the shoes of the judgment debtor'" and "cannot 'reach . . . assets in which the judgment debtor has no interest'"
EM Ltd. v. Republic of Argentina
473 F.3d 463 (2d Cir. 2007) Cited 88 times
Holding that funds were unavailable for attachment under section 1610 because they were never used for, or designated for use in, commercial activity
Autotech v. Integral
499 F.3d 737 (7th Cir. 2007) Cited 75 times
Holding "service through an embassy is expressly banned both by an international treaty to which the United States is a party and by U.S. statutory law" because the treaty prohibits service on a diplomatic officer and § 1608 does not authorize service of process on an ambassador
Section 550 - Liability of transferee of avoided transfer
11 U.S.C. § 550 Cited 4,493 times 30 Legal Analyses
Identifying a transferee’s liability to a trustee for, among other things, fraudulent transfers
Rule 69 - Execution
Fed. R. Civ. P. 69 Cited 3,999 times 6 Legal Analyses
Adopting state law for procedures to execute judgments and obtain relevant discovery
Section 5225 - Payment or delivery of property of judgment debtor
N.Y. CPLR 5225 Cited 835 times 1 Legal Analyses
Authorizing judgment creditor to commence special proceeding against garnishee who holds assets of judgment debtor
Section 1610 - Exceptions to the immunity from attachment or execution
28 U.S.C. § 1610 Cited 444 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”

Dussault et al v. Republic of Argentina

21 Cited authorities

Holding that "the Hague Convention did not deprive the District Court of the jurisdiction it would otherwise possess to order a foreign national party before it to produce evidence physically located within a signatory nation"

Holding that where “the parties' briefs assume that New York law controls . . . such implied consent . . . is sufficient to establish choice of law”

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"

Holding that arguments not made in the parties' opening briefs on appeal are waived

Holding that a New York court with personal jurisdiction over a defendant may order him to turn over out-of-state property regardless of whether the defendant is a judgment debtor or a garnishee

Holding that matters should not be retried absent a showing of prejudice, fraud, or some other extenuating circumstance "where there has been opportunity for a full and fair trial abroad before a court of competent jurisdiction"

Holding that a district court can raise the issue of foreign sovereign immunity sua sponte

Holding that "a party seeking to enforce a judgment 'stand in the shoes of the judgment debtor'" and "cannot 'reach . . . assets in which the judgment debtor has no interest'"

Holding that funds were unavailable for attachment under section 1610 because they were never used for, or designated for use in, commercial activity

Holding "service through an embassy is expressly banned both by an international treaty to which the United States is a party and by U.S. statutory law" because the treaty prohibits service on a diplomatic officer and § 1608 does not authorize service of process on an ambassador

Identifying a transferee’s liability to a trustee for, among other things, fraudulent transfers

Adopting state law for procedures to execute judgments and obtain relevant discovery

Authorizing judgment creditor to commence special proceeding against garnishee who holds assets of judgment debtor

Abrogating attachment immunity of property of a foreign state when the property is “used for commercial activity in the United States”