§Why CasetextPricing

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

MOTION to Dismiss for Lack of Jurisdiction and failure to state a claim

33 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. Saudi Arabia v. Nelson

    507 U.S. 349 (1993)   Cited 650 times   5 Legal Analyses
    Holding that the Saudi government's wrongful arrest, imprisonment, and torture of plaintiff were sovereign not commercial activities

  3. Republic of Austria v. Altmann

    541 U.S. 677 (2004)   Cited 324 times   4 Legal Analyses
    Holding that FSIA can be retroactive in application

  4. Velasco v. Government of Indonesia

    370 F.3d 392 (4th Cir. 2004)   Cited 444 times   1 Legal Analyses
    Holding that “the district court may regard the pleadings as mere evidence on the issue and may consider evidence outside the pleadings without converting the proceeding to one for summary judgment”

  5. Robinson v. Gov't of Malay.

    269 F.3d 133 (2d Cir. 2001)   Cited 426 times
    Holding that, in assessing FSIA jurisdiction, district court should "review the allegations in the complaint, the undisputed facts, if any, placed before it by the parties, and—if the plaintiff comes forward with sufficient evidence to carry its burden of production on this issue—resolve disputed issues of fact, with the defendant foreign sovereign shouldering the burden of persuasion"

  6. 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

  7. Phoenix Consulting Inc. v. Republic of Angola

    216 F.3d 36 (D.C. Cir. 2000)   Cited 279 times
    Holding that the district court "must give the plaintiff ample opportunity to secure and present evidence relevant to the existence of jurisdiction"

  8. Roeder v. Islamic Republic of Iran

    333 F.3d 228 (D.C. Cir. 2003)   Cited 196 times
    Holding that, pursuant to the reasoning of Transaero, "the Ministry of Foreign Affairs must be treated as the state of Iran itself rather than as its agent"

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

    905 F.2d 438 (D.C. Cir. 1990)   Cited 246 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. National Ins. Co. v. Tidewater Co.

    337 U.S. 582 (1949)   Cited 259 times   1 Legal Analyses
    Holding that to classify the District of Columbia as a "state" would give the word "state" as used in Article III a meaning inconsistent with its use in the Constitution's other articles, and finding that "such inconsistency in a single instrument is to be implied only where the context clearly requires it"

  11. 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

  12. Section 1604 - Immunity of a foreign state from jurisdiction

    28 U.S.C. § 1604   Cited 1,119 times   9 Legal Analyses
    Granting immunity to foreign states, their agencies, and their instrumentalities

  13. Section 1606 - Extent of liability

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

  14. 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