§Why CasetextPricing

PATEL et al v. THE SOCIALIST PEOPLE'S LIBYAN ARAB JAMAHIRIYA et al

MOTION to Dismiss for Lack of Subject-Matter Jurisdiction

51 Cited authorities

  1. Burger King Corp. v. Rudzewicz

    471 U.S. 462 (1985)   Cited 16,914 times   46 Legal Analyses
    Holding that a defendant has "fair warning" if he purposefully directs his activities at residents of the forum and if the litigation results from alleged injuries arising out of or relating to those activities.

  2. World-Wide Volkswagen Corp. v. Woodson

    444 U.S. 286 (1980)   Cited 10,876 times   32 Legal Analyses
    Holding that an Oklahoma court could not exercise personal jurisdiction over a car retailer when the retailer's only connection to Oklahoma was the fact that a car sold in New York became involved in an accident in Oklahoma

  3. Hanson v. Denckla

    357 U.S. 235 (1958)   Cited 7,900 times   11 Legal Analyses
    Holding that personal jurisdiction over defendant trustee was inappropriate when defendant's only contacts with the forum resulted from plaintiff-settlor's unilateral activity of moving to Florida

  4. Argentine Republic v. Amerada Hess Shipping

    488 U.S. 428 (1989)   Cited 903 times   7 Legal Analyses
    Holding the Foreign Sovereign Immunities Act of 1976 barred ATS suits against foreign governments

  5. Saudi Arabia v. Nelson

    507 U.S. 349 (1993)   Cited 650 times   5 Legal Analyses
    Holding that the Saudi government's wrongful arrest, imprisonment, and torture of plaintiff were sovereign not commercial activities

  6. Milliken v. Meyer

    311 U.S. 457 (1940)   Cited 3,546 times   3 Legal Analyses
    Holding that the constitutional adequacy of an alternate method of service "is dependent on whether or not the form of substituted service provided for such cases and employed is reasonably calculated to give [the defendant] actual notice of the proceedings and an opportunity to be heard"

  7. Republic of Austria v. Altmann

    541 U.S. 677 (2004)   Cited 324 times   4 Legal Analyses
    Holding that FSIA can be retroactive in application

  8. Velasco v. Government of Indonesia

    370 F.3d 392 (4th Cir. 2004)   Cited 444 times   1 Legal Analyses
    Holding that “the district court may regard the pleadings as mere evidence on the issue and may consider evidence outside the pleadings without converting the proceeding to one for summary judgment”

  9. Robinson v. Gov't of Malay.

    269 F.3d 133 (2d Cir. 2001)   Cited 426 times
    Holding that, in assessing FSIA jurisdiction, district court should "review the allegations in the complaint, the undisputed facts, if any, placed before it by the parties, and—if the plaintiff comes forward with sufficient evidence to carry its burden of production on this issue—resolve disputed issues of fact, with the defendant foreign sovereign shouldering the burden of persuasion"

  10. 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

  11. Section 1331 - Federal question

    28 U.S.C. § 1331   Cited 97,986 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."

  12. 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

  13. Section 1330 - Actions against foreign states

    28 U.S.C. § 1330   Cited 1,652 times   13 Legal Analyses
    Granting district courts with jurisdiction over claims against "foreign state"

  14. Section 1603 - Definitions

    28 U.S.C. § 1603   Cited 1,360 times   7 Legal Analyses
    Recognizing that a state "includes [its] political subdivision"

  15. Section 1604 - Immunity of a foreign state from jurisdiction

    28 U.S.C. § 1604   Cited 1,119 times   9 Legal Analyses
    Granting immunity to foreign states, their agencies, and their instrumentalities

  16. Section 2333 - Civil remedies

    18 U.S.C. § 2333   Cited 471 times   22 Legal Analyses
    Granting any ATA claimant the right to sue "in any appropriate district court of the United States"

  17. 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