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Securesoft Technologies, Llc v. Embassy of Ghana

MOTION to Dismiss for Lack of Jurisdiction over the Person

27 Cited authorities

  1. Argentine Republic v. Amerada Hess Shipping

    488 U.S. 428 (1989)   Cited 902 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 647 times   5 Legal Analyses
    Holding that the Saudi government's wrongful arrest, imprisonment, and torture of plaintiff were sovereign not commercial activities

  3. Samantar v. Yousuf et al.

    560 U.S. 305 (2010)   Cited 378 times   2 Legal Analyses
    Holding that the common law, rather than the FSIA, governs the immunity of foreign officials

  4. Transaero, Inc. v. La Fuerza Aerea Boliviana

    30 F.3d 148 (D.C. Cir. 1994)   Cited 156 times
    Holding the Bolivian Air Force was a foreign state because its core functions were governmental

  5. Barot v. Embassy of Zambia

    785 F.3d 26 (D.C. Cir. 2015)   Cited 69 times
    Holding the district court erred in dismissing for failure to effect service when there was no prejudice to defendant by allowing additional time for service but plaintiff's case would be barred by the statute of limitations

  6. Ben-Rafael v. Islamic Republic of Iran

    540 F. Supp. 2d 39 (D.D.C. 2008)   Cited 70 times
    Holding that service under section 1608 was not possible and plaintiff's obligations were satisfied when delivery was attempted and recipient refused delivery

  7. Doe I v. State of Israel

    400 F. Supp. 2d 86 (D.D.C. 2005)   Cited 71 times
    Holding that defendants' website, which allowed D.C. residents to make financial donations and provide contact information, was targeted at a local congregation in New Jersey and did not provide a basis for jurisdiction

  8. Democratic Republic of Congo v. FG Hemisphere Associates, LLC

    508 F.3d 1062 (D.C. Cir. 2007)   Cited 39 times
    Holding that defendant's participation in months of post-default judgment litigation was sufficient to raise its right to challenge service of process underlying original judgment

  9. Howe v. Embassy Italy

    68 F. Supp. 3d 26 (D.D.C. 2014)   Cited 28 times
    Finding that the "Embassy of Italy in Washington, D.C., is an 'integral part of a foreign state's political structure,' making it a 'foreign state' for purposes of the FSIA."

  10. Nikbin v. Islamic Republic of Iran

    471 F. Supp. 2d 53 (D.D.C. 2007)   Cited 33 times
    Holding MOIS "must be treated as the foreign state itself"

  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 346,412 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. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 156,480 times   194 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

  13. Rule 4 - Summons

    Fed. R. Civ. P. 4   Cited 69,154 times   122 Legal Analyses
    Holding that if defendant is not served within 90 days after the complaint is filed, the court—on a motion, or on its own following notice to the plaintiff—must dismiss the action without prejudice against that defendant or order that service be made by a certain time

  14. Section 1441 - Removal of civil actions

    28 U.S.C. § 1441   Cited 50,084 times   149 Legal Analyses
    Holding that “[a]ny civil action of which the district courts have original jurisdiction founded on a claim or right arising under the ... laws of the United States shall be removable without regard to the citizenship or residence of the parties.”

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

    28 U.S.C. § 1605   Cited 1,899 times   47 Legal Analyses
    Adopting the meaning given that term in section 3 of the Torture Victim Protection Act of 1991

  16. 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"

  17. Section 1602 - Findings and declaration of purpose

    28 U.S.C. § 1602   Cited 1,439 times   16 Legal Analyses
    Setting forth Congressional findings and the purposes of FSIA

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

    28 U.S.C. § 1608   Cited 909 times   5 Legal Analyses
    Authorizing service "through diplomatic channels"

  19. Section 13-423 - Personal jurisdiction based upon conduct

    D.C. Code § 13-423   Cited 655 times
    Authorizing jurisdiction over a person, who acts directly or by an agent

  20. Section 93.2 - Notice of suit (or of default judgment)

    22 C.F.R. § 93.2   Cited 18 times
    Requiring inclusion of copy of FSIA