§Why CasetextPricing

Repsol YPF, S.A. v. Republic of Argentina

MEMORANDUM OF LAW in Support re: 10 MOTION to Dismiss Complaint.. Document

60 Cited authorities

  1. 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

  2. Saudi Arabia v. Nelson

    507 U.S. 349 (1993)   Cited 649 times   5 Legal Analyses
    Holding that the Saudi government's wrongful arrest, imprisonment, and torture of plaintiff were sovereign not commercial activities

  3. Cortec Indus., Inc. v. Sum Holding L.P.

    949 F.2d 42 (2d Cir. 1991)   Cited 2,967 times
    Holding that "[w]here plaintiff has actual notice of all the information in the movant's papers and has relied upon these documents in framing the complaint the necessity of translating a Rule 12(b) motion into one under Rule 56 is largely dissipated" and affirming the district court's consideration of a stock purchase agreement, offering memorandum, and stock warrant that were "integral to [plaintiffs'] complaint"

  4. Republic of Argentina v. Weltover, Inc.

    504 U.S. 607 (1992)   Cited 650 times   7 Legal Analyses
    Holding that Argentina's issuance of bonds constitutes a commercial activity within the meaning of the FSIA

  5. Verlinden B. V. v. Central Bank of Nigeria

    461 U.S. 480 (1983)   Cited 872 times   1 Legal Analyses
    Holding that the FSIA creates federal question jurisdiction

  6. Goldlawr, Inc. v. Heiman

    369 U.S. 463 (1962)   Cited 1,801 times
    Holding that a lack of personal jurisdiction can be remedied by a transfer under § 1406

  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. Banco Nacional de Cuba v. Sabbatino

    376 U.S. 398 (1964)   Cited 764 times   1 Legal Analyses
    Holding that the federal common law act of state doctrine precluded a federal court from considering a state law challenge to the Cuban government's expropriation of certain property

  9. Morales v. Quintel Entertainment, Inc.

    249 F.3d 115 (2d Cir. 2001)   Cited 787 times
    Holding "The same standard applies where, as here, the parties filed cross-motions for summary judgment"

  10. Kirkpatrick Co. v. Environmental Tectonics Corp.

    493 U.S. 400 (1990)   Cited 260 times
    Holding that federal courts ordinarily have the obligation to exercise their jurisdiction and "[t]he act of state doctrine does not establish an exception for cases and controversies that may embarrass foreign governments"

  11. Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing

    Fed. R. Civ. P. 12   Cited 347,250 times   923 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

  12. Section 1391 - Venue generally

    28 U.S.C. § 1391   Cited 27,956 times   197 Legal Analyses
    Finding that venue lies where a "substantial part of the events or omissions giving rise to the claim" occurred

  13. Section 1406 - Cure or waiver of defects

    28 U.S.C. § 1406   Cited 14,215 times   52 Legal Analyses
    Recognizing that transfer is proper to any district or division in which the action could have been brought

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

    28 U.S.C. § 1605   Cited 1,902 times   47 Legal Analyses
    Adopting the meaning given that term in section 3 of the Torture Victim Protection Act of 1991

  15. Section 1330 - Actions against foreign states

    28 U.S.C. § 1330   Cited 1,647 times   13 Legal Analyses
    Granting district courts with jurisdiction over claims against "foreign state"

  16. Section 1602 - Findings and declaration of purpose

    28 U.S.C. § 1602   Cited 1,441 times   16 Legal Analyses
    Setting forth Congressional findings and the purposes of FSIA

  17. Section 1603 - Definitions

    28 U.S.C. § 1603   Cited 1,358 times   7 Legal Analyses
    Requiring that a "majority" of "shares or other ownership interest" be "owned" by the foreign state or its political subdivision

  18. Section 78m - Periodical and other reports

    15 U.S.C. § 78m   Cited 1,204 times   83 Legal Analyses
    Authorizing Commission to adopt disclosure requirements for certain repurchases of securities by issuer

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

    28 U.S.C. § 1604   Cited 1,112 times   9 Legal Analyses
    Granting immunity to foreign states, their agencies, and their instrumentalities

  20. Section 1608 - Service; time to answer; default

    28 U.S.C. § 1608   Cited 910 times   5 Legal Analyses
    Authorizing service "through diplomatic channels"