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

REPLY to opposition to motion re MOTION to Dismiss for Lack of Jurisdiction and failure to state a claim

16 Cited authorities

  1. Henderson v. United States

    517 U.S. 654 (1996)   Cited 963 times   1 Legal Analyses
    Holding that the 120-day provision in Rule 4 is not jurisdictional and may be extended at the discretion of the district court

  2. United States v. Williams

    514 U.S. 527 (1995)   Cited 334 times
    Holding that a party who, though not assessed a tax, paid a tax under protest to remove a federal tax lien from her property was a “taxpayer” entitled to bring administrative tax refund claim

  3. Moore, Owen, Thomas Co. v. Coffey

    992 F.2d 1439 (6th Cir. 1993)   Cited 411 times
    Holding that defendant does not waive an affirmative defense if defendant raises it at a pragmatically sufficient time, such as summary judgment, and the defendant's failure raise the affirmative defense in its answer did not cause the plaintiff prejudice

  4. 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

  5. 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"

  6. Camarillo v. McCarthy

    998 F.2d 638 (9th Cir. 1993)   Cited 192 times
    Holding that an affirmative defense may be raised at summary judgment absent prejudice to opposing party

  7. 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

  8. Harris v. Secretary

    126 F.3d 339 (D.C. Cir. 1997)   Cited 162 times
    Holding that "a party must first raise its affirmative defenses in a responsive pleading before it can raise them in a dispositive motion"

  9. Price v. S. People's Libyan, Jamahiriya

    389 F.3d 192 (D.C. Cir. 2004)   Cited 45 times
    Declining to rule on the appropriate cause of action in a suit brought pursuant to 28 U.S.C. § 1605

  10. Blaney v. U.S.

    34 F.3d 509 (7th Cir. 1994)   Cited 62 times
    Affirming dismissal of mixed cause of action under CSRA and Title VII for failure to exhaust administrative remedies where there was no final appealable MSPB decision

  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 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