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NML Capital, Ltd. v. The Republic of Argentina

MEMORANDUM OF LAW in Support re: 221 MOTION to Vacate /Notice of Motion to Vacate Ex Parte Orders of Attachment, dated July 30, 2010. /Memorandum of Law of The Republic of Argentina in Support of Motion to Vacate the 2010 Orders and in Opposition to Plaintiffs Motions

26 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 252,377 times   279 Legal Analyses
    Holding that a claim is plausible where a plaintiff's allegations enable the court to draw a "reasonable inference" the defendant is liable

  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 266,313 times   365 Legal Analyses
    Holding that a complaint's allegations should "contain sufficient factual matter, accepted as true, to 'state a claim to relief that is plausible on its face' "

  3. Argentine Republic v. Amerada Hess Shipping

    488 U.S. 428 (1989)   Cited 901 times   7 Legal Analyses
    Holding the Foreign Sovereign Immunities Act of 1976 barred ATS suits against foreign governments

  4. Saudi Arabia v. Nelson

    507 U.S. 349 (1993)   Cited 646 times   5 Legal Analyses
    Holding that the Saudi government's wrongful arrest, imprisonment, and torture of plaintiff were sovereign not commercial activities

  5. First National City Bank v. Banco Para El Comercio Exterior de Cuba

    462 U.S. 611 (1983)   Cited 544 times   1 Legal Analyses
    Holding that the instrumentality was the alter ego of the sovereign, and refusing to give effect to the instrumentality's separate juridical status

  6. Am. Fuel Corp. v. Utah Energy Dev. Co.

    122 F.3d 130 (2d Cir. 1997)   Cited 378 times
    Holding that one factor which weighed "strongly against a finding of domination" by a corporate officer was the fact that another individual "actively participated in [the corporation's] business and had at least as much involvement in, and control over, the company as did [the officer]."

  7. United St. Fid. Guar. v. Braspetro Oil Serv.

    369 F.3d 34 (2d Cir. 2004)   Cited 230 times
    Holding that under the American Rule, it is well established that attorney's fee are "not ordinarily recoverable in the absence of statute or enforceable contract providing thereof" but that "parties may agree by contract to permit recovery of attorneys' fees, and a federal court will enforce contractual rights to attorneys' fees if the contract is valid under applicable state law."

  8. World Wide Minerals v. Rep. of Kazakhstan

    296 F.3d 1154 (D.C. Cir. 2002)   Cited 112 times
    Holding that contractual waivers are narrowly construed and that RICO claims not related to the contract are not considered to fall within the immunity waiver

  9. EM Ltd. v. Republic of Argentina

    473 F.3d 463 (2d Cir. 2007)   Cited 87 times
    Holding that funds were unavailable for attachment under section 1610 because they were never used for, or designated for use in, commercial activity

  10. Letelier v. Republic of Chile

    748 F.2d 790 (2d Cir. 1984)   Cited 135 times
    Holding that even if Chile and its national airline were considered alter egos, circumstances did not come within any FSIA exception to execution immunity so as to permit attachment of airline assets in United States

  11. Section 1605 - General exceptions to the jurisdictional immunity of a foreign state

    28 U.S.C. § 1605   Cited 1,896 times   47 Legal Analyses
    Adopting the meaning given that term in section 3 of the Torture Victim Protection Act of 1991

  12. Section 1603 - Definitions

    28 U.S.C. § 1603   Cited 1,353 times   7 Legal Analyses
    Requiring that a "majority" of "shares or other ownership interest" be "owned" by the foreign state or its political subdivision

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

    28 U.S.C. § 1610   Cited 442 times   14 Legal Analyses
    Abrogating attachment immunity of property of a foreign state when the property is “used for commercial activity in the United States”