72 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 266,691 times 281 Legal Analyses
Holding court need not credit "mere conclusory statements" in complaint
Asahi Metal Indus. Co. Ltd. v. Superior Court
480 U.S. 102 (1987) Cited 4,966 times 40 Legal Analyses
Holding that, in suit by Taiwanese manufacturer for indemnification against Japanese manufacturer, the assertion by California court of personal jurisdiction over Japanese manufacturer was unreasonable
United States v. Varig Airlines
467 U.S. 797 (1984) Cited 1,576 times 1 Legal Analyses
Holding that the FAA's alleged negligence in failing to check certain specific items in the course of certificating a specific aircraft as part of a spot-check program involved “calculated risks” but fell “squarely within the discretionary function exception”
Argentine Republic v. Amerada Hess Shipping
488 U.S. 428 (1989) Cited 931 times 8 Legal Analyses
Holding the Foreign Sovereign Immunities Act of 1976 barred ATS suits against foreign governments
Saudi Arabia v. Nelson
507 U.S. 349 (1993) Cited 667 times 5 Legal Analyses
Holding that the Saudi government's wrongful arrest, imprisonment, and torture of plaintiff were sovereign not commercial activities
Gordon v. American Museum of Natural History
67 N.Y.2d 836 (N.Y. 1986) Cited 3,291 times
Holding that the defendant was not on constructive notice because there was no evidence that the defendant or anyone else observed the dangerous condition before the plaintiff's fall
Metropolitan Life Ins. v. Robertson-Ceco Corp.
84 F.3d 560 (2d Cir. 1996) Cited 1,435 times
Holding that district court committed reversible error by limiting timeframe of analysis to the single year prior to the filing of the action
Best Van Lines v. Walker
490 F.3d 239 (2d Cir. 2007) Cited 782 times
Holding that we proceed to the constitutional prong of the analysis "[i]f, but only if" we conclude that there is a statutory basis for personal jurisdiction
Basso v. Miller
40 N.Y.2d 233 (N.Y. 1976) Cited 1,974 times
Holding that under New York law, a landowner has a duty to maintain his property in a reasonably safe condition considering all of the circumstances including the likelihood and seriousness of the injury, and the burden of avoiding the risk
Obb Personenverkehr AG v. Sachs
577 U.S. 27 (2015) Cited 139 times 1 Legal Analyses
Holding that "a one-element approach" is "flatly incompatible" with the Court's precedent
Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing
Fed. R. Civ. P. 12 Cited 361,353 times 960 Legal Analyses
Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Section 1441 - Removal of civil actions
28 U.S.C. § 1441 Cited 51,710 times 151 Legal Analyses
Holding that “[a]ny civil action of which the district courts have original jurisdiction founded on a claim or right arising under the ... laws of the United States shall be removable without regard to the citizenship or residence of the parties.”
Section 1746 - Unsworn declarations under penalty of perjury
28 U.S.C. § 1746 Cited 10,429 times 17 Legal Analyses
Making affidavits and declarations effectively synonymous
Section 302 - Personal jurisdiction by acts of non-domiciliaries
N.Y. C.P.L.R. § 302 Cited 4,362 times 6 Legal Analyses
Holding that service may be made "to a person of suitable age and discretion at the actual place of business, dwelling place or usual place of abode of the person to be served and by ... mailing the summons to the person to be served at his or her last known residence"
Section 1605 - General exceptions to the jurisdictional immunity of a foreign state
28 U.S.C. § 1605 Cited 1,953 times 55 Legal Analyses
Adopting the meaning given that term in section 3 of the Torture Victim Protection Act of 1991
Section 1330 - Actions against foreign states
28 U.S.C. § 1330 Cited 1,690 times 13 Legal Analyses
Granting district courts with jurisdiction over claims against "foreign state"
Section 301 - Jurisdiction over persons, property or status
N.Y. CPLR 301 Cited 1,599 times
Codifying caselaw that incorporates "doing business" standard
Section 1602 - Findings and declaration of purpose
28 U.S.C. § 1602 Cited 1,471 times 19 Legal Analyses
Setting forth Congressional findings and the purposes of FSIA
Section 1603 - Definitions
28 U.S.C. § 1603 Cited 1,387 times 7 Legal Analyses
Recognizing that a state "includes [its] political subdivision"
Section 1604 - Immunity of a foreign state from jurisdiction
28 U.S.C. § 1604 Cited 1,151 times 10 Legal Analyses
Granting immunity to foreign states, their agencies, and their instrumentalities

Newman v. Republic of Bulgaria

72 Cited authorities

Holding court need not credit "mere conclusory statements" in complaint

Holding that, in suit by Taiwanese manufacturer for indemnification against Japanese manufacturer, the assertion by California court of personal jurisdiction over Japanese manufacturer was unreasonable

Holding that the FAA's alleged negligence in failing to check certain specific items in the course of certificating a specific aircraft as part of a spot-check program involved “calculated risks” but fell “squarely within the discretionary function exception”

Holding the Foreign Sovereign Immunities Act of 1976 barred ATS suits against foreign governments

Holding that the Saudi government's wrongful arrest, imprisonment, and torture of plaintiff were sovereign not commercial activities

Holding that the defendant was not on constructive notice because there was no evidence that the defendant or anyone else observed the dangerous condition before the plaintiff's fall

Holding that district court committed reversible error by limiting timeframe of analysis to the single year prior to the filing of the action

Holding that we proceed to the constitutional prong of the analysis "[i]f, but only if" we conclude that there is a statutory basis for personal jurisdiction

Holding that under New York law, a landowner has a duty to maintain his property in a reasonably safe condition considering all of the circumstances including the likelihood and seriousness of the injury, and the burden of avoiding the risk

Holding that "a one-element approach" is "flatly incompatible" with the Court's precedent

Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

Holding that “[a]ny civil action of which the district courts have original jurisdiction founded on a claim or right arising under the ... laws of the United States shall be removable without regard to the citizenship or residence of the parties.”

Making affidavits and declarations effectively synonymous

Holding that service may be made "to a person of suitable age and discretion at the actual place of business, dwelling place or usual place of abode of the person to be served and by ... mailing the summons to the person to be served at his or her last known residence"

Adopting the meaning given that term in section 3 of the Torture Victim Protection Act of 1991

Granting district courts with jurisdiction over claims against "foreign state"

Codifying caselaw that incorporates "doing business" standard

Setting forth Congressional findings and the purposes of FSIA

Recognizing that a state "includes [its] political subdivision"

Granting immunity to foreign states, their agencies, and their instrumentalities