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Semtek International Inc. v. Information Satellite Systems

MEMORANDUM in Support re MOTION to Set Aside Default Judgment

64 Cited authorities

  1. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 273,590 times   368 Legal Analyses
    Holding that allegations of conduct that are merely consistent with wrongdoing do not state a claim unless "placed in a context that raises a suggestion of" such wrongdoing

  2. Kumho Tire Co. v. Carmichael

    526 U.S. 137 (1999)   Cited 12,821 times   30 Legal Analyses
    Holding that the Daubert gatekeeping standard applies not only to "scientific testimony" but also to "all expert testimony"

  3. Morrison v. National Australia Bank Ltd.

    561 U.S. 247 (2010)   Cited 1,490 times   177 Legal Analyses
    Holding extraterritorial application of a statute is a merits question, not a question of subject matter jurisdiction

  4. Dole Food Co. v. Patrickson

    538 U.S. 468 (2003)   Cited 522 times   7 Legal Analyses
    Holding that a now-private corporation could not assert sovereign immunity in a suit involving events that occurred when the entity was owned by a foreign sovereign

  5. Saudi Arabia v. Nelson

    507 U.S. 349 (1993)   Cited 658 times   5 Legal Analyses
    Holding that the Saudi government's wrongful arrest, imprisonment, and torture of plaintiff were sovereign not commercial activities

  6. Republic of Argentina v. Weltover, Inc.

    504 U.S. 607 (1992)   Cited 660 times   7 Legal Analyses
    Holding that Argentina's issuance of bonds constitutes a commercial activity within the meaning of the FSIA

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

    461 U.S. 480 (1983)   Cited 883 times   1 Legal Analyses
    Holding that the FSIA creates federal question jurisdiction

  8. Schmidt v. Lessard

    414 U.S. 473 (1974)   Cited 453 times   2 Legal Analyses
    Holding that the Constitution compelled the state to establish the unsuitability of numerous alternatives to involuntary full-time hospitalization before commitment could be ordered, including "voluntary or court-ordered out-patient treatment, day treatment in a hospital, night treatment in a hospital, placement in the custody of a friend or relative, placement in a nursing home, referral to a community mental health clinic, and home health aide services"

  9. Valore v. Islamic Republic of Iran

    700 F. Supp. 2d 52 (D.D.C. 2010)   Cited 208 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"

  10. Teamsters, Chauffeurs, Warehousemen & Helpers Union, Local No. 59 v. Superline Transportation Co.

    953 F.2d 17 (1st Cir. 1992)   Cited 336 times
    Holding that theories not raised squarely in the trial court cannot be raised for the first time on appeal

  11. Rule 4 - Summons

    Fed. R. Civ. P. 4   Cited 71,368 times   127 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

  12. Rule 60 - Relief from a Judgment or Order

    Fed. R. Civ. P. 60   Cited 54,664 times   149 Legal Analyses
    Granting relief from the operation of a judgment

  13. Rule 55 - Default; Default Judgment

    Fed. R. Civ. P. 55   Cited 34,084 times   13 Legal Analyses
    Adopting similar language for acquiring default judgment against the United States

  14. Rule 65 - Injunctions and Restraining Orders

    Fed. R. Civ. P. 65   Cited 23,033 times   88 Legal Analyses
    Recognizing court's ability to enter emergency order with less than full adversary hearing and even, in appropriate circumstances, without notice

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

    28 U.S.C. § 1605   Cited 1,923 times   52 Legal Analyses
    Adopting the meaning given that term in section 3 of the Torture Victim Protection Act of 1991

  16. Section 1603 - Definitions

    28 U.S.C. § 1603   Cited 1,369 times   7 Legal Analyses
    Recognizing that a state "includes [its] political subdivision"

  17. Rule 44.1 - Determining Foreign Law

    Fed. R. Civ. P. 44.1   Cited 1,221 times   23 Legal Analyses
    Noting the court's determination of foreign law is treated as a question of law

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

    28 U.S.C. § 1608   Cited 943 times   5 Legal Analyses
    Authorizing service "through diplomatic channels"

  19. Section 1606 - Extent of liability

    28 U.S.C. § 1606   Cited 245 times   1 Legal Analyses
    Prohibiting award of punitive damages against foreign state