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Peterson v. Islamic Republic of Iran

Memorandum in Opposition THE EXPORT-IMPORT BANK OF KOREA'S RESPONSE IN OPPOSITION TO PLAINTIFFS' MOTION FOR ASSIGNMENT OF RIGHTS

25 Cited authorities

  1. Richmark Corp. v. Timber Falling Consultants

    959 F.2d 1468 (9th Cir. 1992)   Cited 567 times   3 Legal Analyses
    Holding that an instrumentality of a foreign nation must respond to discovery about its worldwide assets and that it could not use the FSIA to conceal its assets from the district court

  2. Kelly v. Syria Shell Petroleum Development

    213 F.3d 841 (5th Cir. 2000)   Cited 359 times
    Holding district court did not abuse its discretion to deny jurisdictional discovery on alter ego theory in light of three declarations submitted by defendants controverting same

  3. Siderman de Blake v. Republic of Argentina

    965 F.2d 699 (9th Cir. 1992)   Cited 252 times   1 Legal Analyses
    Holding a violation of a jus cogens norm is not a sovereign act

  4. In re Estate of Ferdinand Marcos Human Rights

    25 F.3d 1467 (9th Cir. 1994)   Cited 205 times   2 Legal Analyses
    Holding that jurisdiction under the Alien Tort Statute was proper because there is a jus cogens norm against torture

  5. Joseph v. Office of Consulate Gen. of Nigeria

    830 F.2d 1018 (9th Cir. 1987)   Cited 138 times
    Holding that "waiver exception should be applied" when "an agreement contemplates adjudication of a dispute by the United States courts" or "a contract specifically states that the laws of a jurisdiction within the United States are to govern the transaction"

  6. Autotech v. Integral

    499 F.3d 737 (7th Cir. 2007)   Cited 75 times
    Holding "service through an embassy is expressly banned both by an international treaty to which the United States is a party and by U.S. statutory law" because the treaty prohibits service on a diplomatic officer and § 1608 does not authorize service of process on an ambassador

  7. Philippine Export Foreign Loan v. Chuidian

    218 Cal.App.3d 1058 (Cal. Ct. App. 1990)   Cited 125 times
    Declining to exercise extraterritorial personal jurisdiction because, under California law, "the limits which generally exist upon the right to execute ... apply in a judgment debtor proceeding such as this" (citing Cal. Civ. Proc. Code § 708.510 cmt. (West 1987) (Legislative Committee Comments, Assembly, 1982 Addition))

  8. Chuidian v. Philippine Nat. Bank

    912 F.2d 1095 (9th Cir. 1990)   Cited 92 times
    Holding that the FSIA applies to individuals acting in their official capacity on behalf of a foreign sovereign

  9. Atkinson v. Inter-American Development Bank

    156 F.3d 1335 (D.C. Cir. 1998)   Cited 59 times   1 Legal Analyses
    Holding that in enacting the IOIA, Congress adopted the body of foreign sovereign immunity law “only as it existed in 1945—when immunity of foreign sovereigns was absolute,” subject only to the President's decision to extend such immunity

  10. Stena Rederi AB v. Comision de Contratos del Comite Ejecutivo General del Sindicato Revolucionario de Trabajadores Petroleros de la Republica Mexicana, S.C.

    923 F.2d 380 (5th Cir. 1991)   Cited 71 times
    Holding that the district court lacked personal jurisdiction over the garnishee and that the garnishee, as an agency of a foreign state, was "entitled to invoke the shield of sovereign immunity, whether against direct claims or an indirect writ of garnishment"

  11. Rule 69 - Execution

    Fed. R. Civ. P. 69   Cited 3,999 times   6 Legal Analyses
    Adopting state law for procedures to execute judgments and obtain relevant discovery

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

    28 U.S.C. § 1605   Cited 1,905 times   49 Legal Analyses
    Adopting the meaning given that term in section 3 of the Torture Victim Protection Act of 1991

  13. Section 1602 - Findings and declaration of purpose

    28 U.S.C. § 1602   Cited 1,444 times   16 Legal Analyses
    Setting forth Congressional findings and the purposes of FSIA

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

    28 U.S.C. § 1605A   Cited 490 times   12 Legal Analyses
    Adopting definition of "material support or resources" found in 18 U.S.C. § 2339A

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

    28 U.S.C. § 1610   Cited 444 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”

  18. Section 3727 - Assignments of claims

    31 U.S.C. § 3727   Cited 441 times   7 Legal Analyses
    Allowing assignments only after a claim is allowed; the amount of the claim is decided; a warrant for payment is issued; and the assignment itself specifies the warrant, is made freely, and is signed by two witnesses

  19. Section 1609 - Immunity from attachment and execution of property of a foreign state

    28 U.S.C. § 1609   Cited 207 times   2 Legal Analyses
    Explaining that immunity from arrest is “[s]ubject to existing international agreements which the United States is a party at the time of enactment.”