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HARRIS et al v. SOCIALIST PEOPLE'S LIBYAN ARAB JAMAHIRIYA et al

Memorandum in opposition to re MOTION to Dismiss for Lack of Jurisdiction and failure to state a claim

21 Cited authorities

  1. Argentine Republic v. Amerada Hess Shipping

    488 U.S. 428 (1989)   Cited 903 times   7 Legal Analyses
    Holding the Foreign Sovereign Immunities Act of 1976 barred ATS suits against foreign governments

  2. Sparrow v. United Air Lines, Inc.

    216 F.3d 1111 (D.C. Cir. 2000)   Cited 1,172 times   2 Legal Analyses
    Holding that a plaintiff alleging a violation of 42 U.S.C. § 1981 need not allege facts establishing a prima facie case for discrimination in his complaint

  3. Price v. Socialist People's Libyan Arab Jamahiriya

    294 F.3d 82 (D.C. Cir. 2002)   Cited 273 times   1 Legal Analyses
    Holding that plaintiffs' allegations of abuse did not amount to the allegations of torture required by § 1605 to survive a motion to dismiss

  4. Taxpayers Watchdog, Inc. v. Stanley

    819 F.2d 294 (D.C. Cir. 1987)   Cited 419 times   1 Legal Analyses
    Finding independent utility in four-mile section of mass transit project originally planned as 18.6 miles

  5. Kilburn v. Libya

    376 F.3d 1123 (D.C. Cir. 2004)   Cited 161 times
    Holding that "denial of a motion to dismiss on the ground of sovereign immunity" is subject to interlocutory review under the collateral order doctrine

  6. Cicippio-Puleo v. Islamic Republic of Iran

    353 F.3d 1024 (D.C. Cir. 2004)   Cited 138 times
    Holding that § 1605 does not create a private right of action against a foreign state

  7. Acree v. Republic of Iraq

    370 F.3d 41 (D.C. Cir. 2004)   Cited 80 times
    Holding the "generic common law" to be insufficient

  8. Bodoff v. Islamic Republic of Iran

    424 F. Supp. 2d 74 (D.D.C. 2006)   Cited 59 times
    Determining this bus bombing to be “extremely heinous”

  9. Price v. Socialist People's Libyan Arab Jamahiriya

    384 F. Supp. 2d 120 (D.D.C. 2005)   Cited 37 times
    Holding that defendants were liable for intentional emotional distress based on the state law of California and Texas, where plaintiffs resided, where plaintiffs were mentally and physically tortured and imprisoned for 105 days

  10. RUX v. REPUBLIC OF SUDAN

    Civil Action No. 2:04cv428 (E.D. Va. Aug. 26, 2005)   Cited 15 times
    Denying motion to dismiss and reserving on whether plaintiffs had stated a claim for wrongful death, intentional infliction of emotional distress, battery, and loss of solatium where plaintiffs brought claims based on family members' deaths from bombing of the USS Cole

  11. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 157,506 times   196 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

  12. Rule 6 - Computing and Extending Time; Time for Motion Papers

    Fed. R. Civ. P. 6   Cited 48,898 times   24 Legal Analyses
    Holding that "if the last day [of a period] is a Saturday, Sunday, or legal holiday, the period continues to run until the end of the next day that is not a Saturday, Sunday, or legal holiday."

  13. Section 1605 - General exceptions to the jurisdictional immunity of a foreign state

    28 U.S.C. § 1605   Cited 1,905 times   47 Legal Analyses
    Adopting the meaning given that term in section 3 of the Torture Victim Protection Act of 1991

  14. Section 1350 - Alien's action for tort

    28 U.S.C. § 1350   Cited 1,170 times   64 Legal Analyses
    Granting district courts jurisdiction over "any civil action . . . for a tort only, committed in violation of the law of nations"

  15. Section 2339A - Providing material support to terrorists

    18 U.S.C. § 2339A   Cited 490 times   4 Legal Analyses
    Defining “ ‘material support or resources' ” as “any property, tangible or intangible ”

  16. Section 1606 - Extent of liability

    28 U.S.C. § 1606   Cited 244 times   1 Legal Analyses
    Prohibiting award of punitive damages against foreign state

  17. Section 2371 - Prohibition on assistance to governments supporting international terrorism

    22 U.S.C. § 2371   Cited 56 times   6 Legal Analyses
    Delegating to the Secretary of State the responsibility for determining whether foreign governments have provided support for acts of international terrorism but leaving the term itself undefined