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Peterson v. Islamic Republic of Iran

MEMORANDUM OF LAW in Support re: 573 MOTION to Intervene . . Document

59 Cited authorities

  1. Ortiz v. Fibreboard Corp.

    527 U.S. 815 (1999)   Cited 931 times   18 Legal Analyses
    Holding that "a fairness hearing under Rule 23(e) is no substitute for rigorous adherence to those provisions of the Rule designed to protect absentees"

  2. D'Amato v. Deutsche Bank

    236 F.3d 78 (2d Cir. 2001)   Cited 412 times
    Holding that the district court properly concluded that 18 objections from a class of 27,883 weighed in favor of settlement

  3. County of Suffolk v. Long Island Lighting Co.

    907 F.2d 1295 (2d Cir. 1990)   Cited 363 times
    Holding that the district court could not abstain under Burford where all claims were federal

  4. Valore v. Islamic Republic of Iran

    700 F. Supp. 2d 52 (D.D.C. 2010)   Cited 195 times
    Holding that where defendants carried out a terrorist bombing, they had not engaged in torture because "the defendants . . . never had custody or physical control over the victims"

  5. Mountain Top Condo. v. Dave Stabbert Master

    72 F.3d 361 (3d Cir. 1995)   Cited 278 times
    Holding beneficiaries' interest in fund sufficient to intervene in action brought by third parties seeking recovery against fund

  6. U.S. v. Pitney Bowes, Inc.

    25 F.3d 66 (2d Cir. 1994)   Cited 262 times
    Holding that "[t]he district court's finding that [proposed intervenor's] application was untimely for purposes of intervention as of right applies as well to permissive intervention"

  7. Murphy v. Islamic Republic of Iran

    740 F. Supp. 2d 51 (D.D.C. 2010)   Cited 138 times
    Holding that refusal of service under Section 1608 meant service was done "to no avail"

  8. Floyd v. City of N.Y.

    770 F.3d 1051 (2d Cir. 2014)   Cited 106 times
    Holding that there was no reputational injury in fact because the individual injuries are not adequately explained, for example by attached affidavits or declarations that state and describe how the subjects reputation was harmed

  9. In re Holocaust Victim Assets Litigation

    225 F.3d 191 (2d Cir. 2000)   Cited 150 times
    Holding delay of years, the passing away of elderly potential plaintiffs, and a loss of efficiency were not obstacles sufficient to impede or impair intervenors' ability to protect their interests

  10. Peterson v. Islamic Republic of Iran

    515 F. Supp. 2d 25 (D.D.C. 2007)   Cited 111 times
    Concluding that "[b]ased upon the evidence presented to the special masters and the Court, each of the deceased servicemen has made out a valid claim for wrongful death under North Carolina law"

  11. Rule 23 - Class Actions

    Fed. R. Civ. P. 23   Cited 34,939 times   1234 Legal Analyses
    Holding that, to certify a class, the court must find that "questions of law or fact common to class members predominate over any questions affecting only individual members"

  12. Rule 24 - Intervention

    Fed. R. Civ. P. 24   Cited 9,166 times   34 Legal Analyses
    Granting the right of intervention to qualifying persons "unless existing parties adequately represent" them

  13. Section 1603 - Definitions

    28 U.S.C. § 1603   Cited 1,354 times   7 Legal Analyses
    Requiring that a "majority" of "shares or other ownership interest" be "owned" by the foreign state or its political subdivision

  14. Section 8772 - Interests in certain financial assets of Iran

    22 U.S.C. § 8772   Cited 11 times   6 Legal Analyses

    (a) Interests in blocked assets (1) In general Subject to paragraph (2), notwithstanding any other provision of law, including any provision of law relating to sovereign immunity, and preempting any inconsistent provision of State law, a financial asset that is- (A) held by or for a foreign securities intermediary doing business in the United States; (B) a blocked asset (whether or not subsequently unblocked), or an asset that would be blocked if the asset were located in the United States, that