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EM Ltd. et al v. Banco Central DE LA Republica Argentina et al

MEMORANDUM OF LAW in Support re: 174 MOTION to Dismiss / Notice of Motion to Dismiss Plaintiffs' Third Amended Complaint Pursuant to Rules 12

40 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 253,044 times   279 Legal Analyses
    Holding that a claim is plausible where a plaintiff's allegations enable the court to draw a "reasonable inference" the defendant is liable

  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 266,932 times   365 Legal Analyses
    Holding that a complaint's allegations should "contain sufficient factual matter, accepted as true, to 'state a claim to relief that is plausible on its face' "

  3. United States v. Bestfoods

    524 U.S. 51 (1998)   Cited 1,417 times   22 Legal Analyses
    Holding that ownership and control is insufficient to demonstrate an alter-ego relationship

  4. 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

  5. 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

  6. O'Connor v. Donaldson

    422 U.S. 563 (1975)   Cited 1,034 times   9 Legal Analyses
    Holding that, even if civil confinement of a mentally ill person is "initially permissible, it could not constitutionally continue after that basis no longer existed"

  7. 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

  8. In re American Exp. Co. Shareholder Litigation

    39 F.3d 395 (2d Cir. 1994)   Cited 257 times
    Holding that "leave to amend may be denied if the amendment would be futile"

  9. Foremost-McKesson, Inc. v. Islamic Republic of Iran

    905 F.2d 438 (D.C. Cir. 1990)   Cited 244 times   1 Legal Analyses
    Holding that defendant waived a constitutional objection to personal jurisdiction where it raised only a statutory objection before the district court

  10. Craig v. Lake Asbestos of Quebec, Ltd.

    843 F.2d 145 (3d Cir. 1988)   Cited 158 times
    Holding that a subsidiary was not controlled by the parent even though the subsidiary's chairman reported to the parent

  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 346,241 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 1604 - Immunity of a foreign state from jurisdiction

    28 U.S.C. § 1604   Cited 1,109 times   9 Legal Analyses
    Granting immunity to foreign states, their agencies, and their instrumentalities