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

REPLY to opposition to motion re MOTION for Leave to File Amended Complaint and to Deny Defendants' Motion to Dismiss

12 Cited authorities

  1. 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

  2. Glenn v. First Nat. Bank in Grand Junction

    868 F.2d 368 (10th Cir. 1989)   Cited 208 times   1 Legal Analyses
    Holding that a party cannot object on appeal to a lack of opportunity to cure a defective pleading when a curative amendment was not properly sought in the district court

  3. Confederate Memorial Ass'n, Inc. v. Hines

    995 F.2d 295 (D.C. Cir. 1993)   Cited 178 times
    Holding that the district court did not abuse its discretion by denying leave to amend where plaintiffs made only a "bare request"

  4. Rein v. Socialist People's Libyan Arab Jamahiriya

    162 F.3d 748 (2d Cir. 1998)   Cited 69 times
    Holding on appeal of a motion to dismiss that punitive damages are not within the collateral order exception

  5. Daliberti v. Republic of Iraq

    97 F. Supp. 2d 38 (D.D.C. 2000)   Cited 47 times
    Finding torture under the TVPA definition where one plaintiff was detained for eleven days "with no water, no toilet and no bed" and another plaintiff was detained for at least four days "with no lights, no window, no water, no toilet and no proper bed"

  6. Simpson v. Socialist People's Libyan Arab Jamahiriya

    180 F. Supp. 2d 78 (D.D.C. 2001)   Cited 6 times

    No. Civ.A.00-1722 (RMU). October 31, 2001 Eric C. Sorenson, New York City, for plaintiff. Arman Dabiri, Washington, DC, for defendant. Tarrant Hale Lomax, Washington, DC, former counsel for the defendant. MEMORANDUM OPINION URBINA, District Judge. DENYING THE DEFENDANT'S MOTION TO DISMISS I. INTRODUCTION This matter comes before the court on the defendant's motion to dismiss pursuant to Federal Rules of Civil Procedure 12(b)(1), (2), and (6). The plaintiff, Sandra Jean Simpson, seeks compensatory

  7. PRICE v. SOCIALIST PEOPLE'S LIBYAN ARAB JAMAHIRIYA

    110 F. Supp. 2d 10 (D.D.C. 2000)   Cited 6 times
    Finding that "unique method for establishing personal jurisdiction under § 1605 reflects Congress' understanding that sufficient nexus with the United States exists by definition when the foreign country is accused of torturing an American citizen overseas"

  8. Rule 15 - Amended and Supplemental Pleadings

    Fed. R. Civ. P. 15   Cited 91,257 times   91 Legal Analyses
    Finding that, per N.Y. C.P.L.R. § 1024, New York law provides a more forgiving principle for relation back in the context of naming John Doe defendants described with particularity in the complaint

  9. 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

  10. Section 1605A - Terrorism exception to the jurisdictional immunity of a foreign state

    28 U.S.C. § 1605A   Cited 490 times   12 Legal Analyses
    Adopting definition of "material support or resources" found in 18 U.S.C. § 2339A

  11. 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

  12. Section 2780 - Transactions with countries supporting acts of international terrorism

    22 U.S.C. § 2780   Cited 22 times   2 Legal Analyses

    (a) Prohibited transactions by United States Government The following transactions by the United States Government are prohibited: (1) Exporting or otherwise providing (by sale, lease or loan, grant, or other means), directly or indirectly, any munitions item to a country described in subsection (d) under the authority of this chapter, the Foreign Assistance Act of 1961 [ 22 U.S.C. 2151 et seq.], or any other law (except as provided in subsection (h)). In implementing this paragraph, the United States