§Why CasetextPricing

Dussault et al v. Republic of Argentina

REPLY MEMORANDUM OF LAW in Support re: 61 MOTION for Turnover Order . . Document

18 Cited authorities

  1. Motorola Credit Corp. v. Uzan

    388 F.3d 39 (2d Cir. 2004)   Cited 452 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”

  2. Peterson v. Islamic Republic of Iran

    627 F.3d 1117 (9th Cir. 2010)   Cited 95 times
    Holding that a district court can raise the issue of foreign sovereign immunity sua sponte

  3. Presbyterian Church of Sudan v. Talisman Energy

    244 F. Supp. 2d 289 (S.D.N.Y. 2003)   Cited 64 times   2 Legal Analyses
    Holding Sudan inadequate forum based in part on “greatly reduced rights” of plaintiffs under Shari'a law and “total lack of legal personality” and “diminished testimonial competence” for non-Muslim witnesses

  4. Af-Cap Inc. v. Republic of Congo

    383 F.3d 361 (5th Cir. 2004)   Cited 37 times
    Holding that the Congo put property in the service of a commercial activity in the United States when the Congo used tax and royalty obligations to repay a commercial debt owed to an insurance company in the United States

  5. Dolco Investments, Ltd. v. Moonriver Development, Ltd.

    486 F. Supp. 2d 261 (S.D.N.Y. 2007)   Cited 27 times
    Granting co-defendant's motion to dismiss due to plaintiff's insufficient, conclusory allegations of alter ego liability where complaint alleged that co-defendant paid primary defendant's debts "from time to time"

  6. Ayyash v. Koleilat

    115 A.D.3d 495 (N.Y. App. Div. 2014)   Cited 10 times
    Describing when great annoyance existed

  7. Koehler v. Bank of Bermuda Ltd.

    577 F.3d 497 (2d Cir. 2009)   Cited 4 times
    In Koehler, the Second Circuit had previously certified the following question to the New York Court of Appeals: whether Article 52 of the New York Civil Practice Law and Rules allowed a court sitting in New York to order a bank over which it had personal jurisdiction to deliver stock certificates owned by a judgment debtor to a judgment creditor when those stock certificates were located in Bermuda.

  8. Yayasan Sabah Dua Shipping SDN BHD v. Scandinavian Liquid Carriers Ltd.

    335 F. Supp. 2d 441 (S.D.N.Y. 2004)   Cited 7 times

    No. 04 Civ. 4368 (LAK). September 13, 2004 Kirk M. Lyons, LYONS, SKOUFALOS, PROIOS FLOOD, LLP, Attorneys for Plaintiff John P. Vayda, NOURSE BOWLES, LLP, Attorneys for Defendant MEMORANDUM OPINION LEWIS KAPLAN, District Judge This is an action for breach of a maritime charter party. The matter now is before the Court on defendant's motion to vacate an order of maritime attachment on the grounds that it could be "found in the district" or, alternatively, that the attached funds were held in an off-shore

  9. Ayyash v. Koleilat

    38 Misc. 3d 916 (N.Y. Sup. Ct. 2012)   1 Legal Analyses

    2012-10-22 Adnan Abu AYYASH, Plaintiff, v. Rana Abdul Rahim KOLEILAT, Defendant. Steven A. Cash, Washington, DC, for Plaintiff. Carmine D. Boccuzzi, Jr., Cleary Gottlieb Steen & Hamilton LLP, New York, for Non–Parties Credit Agricole, HSBC, Ing. ELLEN M. COIN Steven A. Cash, Washington, DC, for Plaintiff. Carmine D. Boccuzzi, Jr., Cleary Gottlieb Steen & Hamilton LLP, New York, for Non–Parties Credit Agricole, HSBC, Ing. Alison Welcher, Shearman & Sterling, LLP, Washington, for Non–Parties Banco

  10. U.S. Industries, Inc. v. Gregg

    540 F.2d 142 (3d Cir. 1976)   Cited 37 times
    Concluding that action arising under the Securities Act could not be removed under subsection

  11. Rule 69 - Execution

    Fed. R. Civ. P. 69   Cited 4,147 times   6 Legal Analyses
    Adopting state law for procedures to execute judgments and obtain relevant discovery

  12. Section 5225 - Payment or delivery of property of judgment debtor

    N.Y. C.P.L.R. § 5225   Cited 879 times   1 Legal Analyses
    Authorizing judgment creditor to commence special proceeding against garnishee who holds assets of judgment debtor

  13. Section 105 - Definitions

    N.Y. C.P.L.R. § 105   Cited 809 times
    Defining "infant" as a person under 18 years of age

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

    28 U.S.C. § 1610   Cited 460 times   15 Legal Analyses
    Abrogating attachment immunity of property of a foreign state when the property is “used for commercial activity in the United States”

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

    28 U.S.C. § 1609   Cited 213 times   2 Legal Analyses
    Granting execution immunity only to "the property in the United States of a foreign state."