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

REPLY to opposition to motion re MOTION to Dismiss for Lack of Jurisdiction

14 Cited authorities

  1. Kentucky v. Graham

    473 U.S. 159 (1985)   Cited 19,344 times   1 Legal Analyses
    Holding that "an official-capacity suit is, in all respects other than name, to be treated as a suit against the entity," and that "a plaintiff seeking to recover on a damages judgment in an official-capacity suit must look to the government entity itself"

  2. 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

  3. Kilburn v. Libya

    376 F.3d 1123 (D.C. Cir. 2004)   Cited 161 times
    Holding that "denial of a motion to dismiss on the ground of sovereign immunity" is subject to interlocutory review under the collateral order doctrine

  4. 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

  5. Thos. P. Gonzalez Corp. v. Consejo Nacional

    614 F.2d 1247 (9th Cir. 1980)   Cited 177 times   1 Legal Analyses
    Holding that a contract resulting from public bidding in Costa Rica did not give rise to personal jurisdiction in California

  6. Callejo v. Bancomer, S.A

    764 F.2d 1101 (5th Cir. 1985)   Cited 133 times
    Finding a direct effect in case involving a claim for payment on Mexican Certificates of Deposit despite an express clause specifying payment in Mexico, even under pre- Weltover analysis requiring that a direct effect be substantial and foreseeable

  7. I.T. Consultants v. Republic of Pakistan

    351 F.3d 1184 (D.C. Cir. 2003)   Cited 59 times
    Holding that foreign states are not "persons" entitled to due process protections and, therefore, "[w]e . . . do not need to examine whether Pakistan has the minimum contacts that would otherwise be a prerequisite for personal jurisdiction under the Due Process Clause"

  8. Collett v. Socialist Peoples' Libyan Arab Jamahiriya

    362 F. Supp. 2d 230 (D.D.C. 2005)   Cited 13 times
    Holding the TVPA applies only to individuals, not Libya or a Libyan intelligence agency

  9. Rule 25 - Substitution of Parties

    Fed. R. Civ. P. 25   Cited 10,799 times   11 Legal Analyses
    Providing for the automatic substitution at the district-court level of public officers sued in their official capacities

  10. 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

  11. 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"

  12. Section 1603 - Definitions

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

  13. Section 1350 - Alien's action for tort

    28 U.S.C. § 1350   Cited 1,170 times   64 Legal Analyses
    Granting district courts jurisdiction over "any civil action . . . for a tort only, committed in violation of the law of nations"

  14. Section 1606 - Extent of liability

    28 U.S.C. § 1606   Cited 244 times   1 Legal Analyses
    Prohibiting award of punitive damages against foreign state