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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 277,112 times   369 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 12,935 times   31 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 1,500 times   178 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 523 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 663 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 663 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 888 times   1 Legal Analyses
    Holding that the FSIA creates federal question jurisdiction

  8. Schmidt v. Lessard

    414 U.S. 473 (1974)   Cited 455 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 217 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 338 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 72,489 times   129 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 55,164 times   152 Legal Analyses
    Granting relief from the operation of a judgment

  13. Rule 55 - Default; Default Judgment

    Fed. R. Civ. P. 55   Cited 34,694 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 23,325 times   90 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 1,935 times   54 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 1,376 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 1,225 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 961 times   5 Legal Analyses
    Authorizing service "through diplomatic channels"

  19. Section 1606 - Extent of liability

    28 U.S.C. § 1606   Cited 247 times   1 Legal Analyses
    Prohibiting award of punitive damages against foreign state