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Harrison et al v. The Republic of Sudan

MOTION Amended Omnibus Petition for Turnover Order . Document

14 Cited authorities

  1. Peterson v. Islamic Republic of Iran

    627 F.3d 1117 (9th Cir. 2010)   Cited 94 times
    Holding that a district court can raise the issue of foreign sovereign immunity sua sponte

  2. Commonwealth of the N. Mariana Islands v. Millard

    845 F. Supp. 2d 579 (S.D.N.Y. 2012)   Cited 21 times
    Noting that "[n]early every court in this Circuit to consider the issue has held that parties can bring a motion under FRCP 69, rather than instituting a special proceeding under the New York state law" and citing cases

  3. Estate of Heiser v. Islamic Republic of Iran

    807 F. Supp. 2d 9 (D.D.C. 2011)   Cited 18 times
    Reviewing the “desolate backdrop” of barriers facing victims before Congress enacted § 1610(g) in 2008

  4. United Intern. Holdings v. Wharf (S.D.N.Y. Holdings) Ltd.

    988 F. Supp. 367 (S.D.N.Y. 1997)   Cited 26 times
    Finding that a parent corporation was not a third-party beneficiary even though it received a "direct benefit" from payments by its wholly owned subsidiaries

  5. Estate of Heiser v. Bank of Tokyo Mitsubishi UFJ

    919 F. Supp. 2d 411 (S.D.N.Y. 2013)   Cited 10 times
    Accepting representations by the United States that an OFAC license is not required to authorize the release of blocked assets subject to TRIA

  6. Section 1331 - Federal question

    28 U.S.C. § 1331   Cited 99,236 times   136 Legal Analyses
    Finding that in order to invoke federal question jurisdiction, a plaintiff's claims must arise "under the Constitution, laws, or treaties of the United States."

  7. Section 1367 - Supplemental jurisdiction

    28 U.S.C. § 1367   Cited 63,426 times   78 Legal Analyses
    Holding that in civil actions proceeding in federal court based solely on diversity jurisdiction under 28 U.S.C. § 1332, the district court "shall not have supplemental jurisdiction" over "claims by plaintiffs against persons made parties under Rule . . . 24" or "over claims by persons . . seeking to intervene as plaintiffs under Rule 24," if "exercising supplemental jurisdiction over such claims would be inconsistent with the jurisdictional requirements of section 1332"

  8. Section 1391 - Venue generally

    28 U.S.C. § 1391   Cited 28,500 times   199 Legal Analyses
    Finding that venue lies where a "substantial part of the events or omissions giving rise to the claim" occurred

  9. Rule 69 - Execution

    Fed. R. Civ. P. 69   Cited 4,062 times   6 Legal Analyses
    Adopting state law for procedures to execute judgments and obtain relevant discovery

  10. Section 1603 - Definitions

    28 U.S.C. § 1603   Cited 1,369 times   7 Legal Analyses
    Recognizing that a state "includes [its] political subdivision"

  11. Section 5225 - Payment or delivery of property of judgment debtor

    N.Y. C.P.L.R. § 5225   Cited 849 times   1 Legal Analyses
    Authorizing judgment creditor to commence special proceeding against garnishee who holds assets of judgment debtor

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

    28 U.S.C. § 1605A   Cited 501 times   12 Legal Analyses
    Adopting definition of "material support or resources" found in 18 U.S.C. § 2339A

  13. Section 1610 - Exceptions to the immunity from attachment or execution

    28 U.S.C. § 1610   Cited 454 times   15 Legal Analyses
    Abrogating attachment immunity of property of a foreign state when the property is “used for commercial activity in the United States”

  14. Section 2331 - Definitions

    18 U.S.C. § 2331   Cited 346 times   13 Legal Analyses
    Defining "domestic terrorism" to require this element