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The A Star Group, LLC v. Manitoba Hydro et al

MEMORANDUM OF LAW in Support re: 27 MOTION to Dismiss /Notice of Motion

23 Cited authorities

  1. 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

  2. Republic of Argentina v. Weltover, Inc.

    504 U.S. 607 (1992)   Cited 649 times   7 Legal Analyses
    Holding that Argentina's issuance of bonds constitutes a commercial activity within the meaning of the FSIA

  3. Iragorri v. United Techs. Corp.

    274 F.3d 65 (2d Cir. 2001)   Cited 894 times   2 Legal Analyses
    Holding that foreign plaintiff's forum choice given "greater deference ... to the extent that it was motivated by legitimate reasons, including the plaintiff's convenience"

  4. Central Hudson Gas Elec. v. Empresa Naviera

    56 F.3d 359 (2d Cir. 1995)   Cited 240 times
    Holding that parties' interests must be identical for a finding of privity

  5. In re Arbitration Between Monegasque

    311 F.3d 488 (2d Cir. 2002)   Cited 162 times   4 Legal Analyses
    Holding that bar on exercise of "hypothetical jurisdiction" applies where possible lack of jurisdiction poses "constitutional question"

  6. Cargill Int'l S.A. v. M/T Pavel Dybenko

    991 F.2d 1012 (2d Cir. 1993)   Cited 190 times
    Holding that a third-party beneficiary to a charter party “must show that ‘the parties to that contract intended to confer a benefit on [it] when contracting; it is not enough that some benefit incidental to the performance of the contract may accrue to [it]’ ” (alterations in original) (quoting McPheeters v. McGinn, Smith & Co., 953 F.2d 771, 773 (2d Cir.1992))

  7. Anglo-Iberia Undg. v. P.T. Jamsostek

    600 F.3d 171 (2d Cir. 2010)   Cited 53 times
    Holding negligent supervision lawsuit was based upon acts of "alleged negligent supervision," including "hiring, training, employment, and supervision of employees"

  8. Kato v. Ishihara

    360 F.3d 106 (2d Cir. 2004)   Cited 53 times
    Holding that "to identify ‘commercial activity’ for purposes of the ‘commercial activity’ exception to immunity under the FSIA, we must ask whether ‘the particular actions that the foreign state performs ... are the type of actions by which a private party engages in trade and traffic or commerce’ "

  9. Jordan

    154 F. Supp. 2d 682 (S.D.N.Y. 2001)   Cited 37 times
    Taking judicial notice of judgment but explaining that "courts routinely take judicial notice of documents filed in [other actions], ... not for the truth of the matters asserted in the other litigation, but rather to establish the fact of such litigation and related filings"

  10. Frith v. Hill

    07 Civ. 5899 (JSR) (S.D.N.Y. Sep. 23, 2009)   Cited 19 times
    Rejecting City's argument that arrestee had notice of the procedures for recovery of his property

  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 201 - Judicial Notice of Adjudicative Facts

    Fed. R. Evid. 201   Cited 28,327 times   26 Legal Analyses
    Holding "[n]ormally, in deciding a motion to dismiss for failure to state a claim, courts must limit their inquiry to the facts stated in the complaint and the documents either attached to or incorporated in the complaint. However, courts may also consider matters of which they may take judicial notice."

  13. 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

  14. 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"

  15. 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

  16. Section 1603 - Definitions

    28 U.S.C. § 1603   Cited 1,355 times   7 Legal Analyses
    Requiring that a "majority" of "shares or other ownership interest" be "owned" by the foreign state or its political subdivision

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

    28 U.S.C. § 1604   Cited 1,110 times   9 Legal Analyses
    Granting immunity to foreign states, their agencies, and their instrumentalities

  18. Section 1606 - Extent of liability

    28 U.S.C. § 1606   Cited 243 times   1 Legal Analyses
    Prohibiting award of punitive damages against foreign state