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The Estate of Michael Heiser et al v. Deutsche Bank Trust Company Americas

MEMORANDUM OF LAW in Opposition re: 26 MOTION to Stay Proceeding Pending Resolution of Two Appeals.. Document

21 Cited authorities

  1. Landis v. North American Co.

    299 U.S. 248 (1936)   Cited 8,689 times   7 Legal Analyses
    Holding that a decision to stay proceedings "calls for the exercise of judgment, which must weigh competing interests and maintain an even balance"

  2. Ortega Trujillo v. Conover Co. Comm

    221 F.3d 1262 (11th Cir. 2000)   Cited 236 times
    Holding that a stay was "indefinite" and thus unlawful where it would "expire only after a trial ... and the exhaustion of appeals" in another case

  3. Heiser v. Islamic Republic of Iran

    466 F. Supp. 2d 229 (D.D.C. 2006)   Cited 180 times
    Holding that Iran's "conduct in facilitating, financing, and providing material support to bring about this attack was intentional, extreme, and outrageous"

  4. Commodity Fut. Trading v. Chilcott Portfolio

    713 F.2d 1477 (10th Cir. 1983)   Cited 337 times
    Holding that "[t]he ruling on the stay involved an exercise of discretion, and [that the Tenth Circuit] focuse on the question whether the appellants have carried the weighty burden of showing an abuse of discretion"

  5. In re Islamic Republic of Iran Terrorism Litigation

    659 F. Supp. 2d 31 (D.D.C. 2009)   Cited 115 times   1 Legal Analyses
    Holding that “§ 1083(c) enables plaintiffs who achieved final judgments under the former terrorism exception, § 1605, to pursue new federal causes of action under § 1605A based on the same prior act or incident,” and thereby “offers an avenue of relief in those cases that reached final judgment some years prior to the enactment of the 2008 [amendments] and therefore are less likely to be ‘before the court in any form,’ as required for treatment on motion under § 1083(c)” (citing Bodoff, 567 F.Supp.2d at 142–43) (final alteration in original)

  6. Estate of Heiser v. Islamic Republic of Iran

    659 F. Supp. 2d 20 (D.D.C. 2009)   Cited 100 times
    Adopting $100 million — the mean of $50 million and $150 million — as the multiplicand

  7. Peterson v. Islamic Republic of Iran

    627 F.3d 1117 (9th Cir. 2010)   Cited 95 times
    Holding that a district court can raise the issue of foreign sovereign immunity sua sponte

  8. Weininger v. Castro

    462 F. Supp. 2d 457 (S.D.N.Y. 2006)   Cited 85 times
    Holding that the TRIA "provides [an] independent basis of subject matter jurisdiction in this enforcement proceeding against these [foreign sovereign] entities"

  9. Klein v. Adams Peck

    436 F.2d 337 (2d Cir. 1971)   Cited 107 times
    Reversing a district court injunction barring plaintiff from proceeding with several court actions, asserting that plaintiff's "right to proceed in court should not be denied except under the most extreme circumstances"

  10. Hausler v. JPMorgan Chase Bank, N.A.

    845 F. Supp. 2d 553 (S.D.N.Y. 2012)   Cited 24 times
    Holding that TRIA represents "Congress's recognition that federal law must provide the substantive rules governing the recovery of terrorism related judgments"

  11. Rule 69 - Execution

    Fed. R. Civ. P. 69   Cited 4,142 times   6 Legal Analyses
    Adopting state law for procedures to execute judgments and obtain relevant discovery

  12. Rule 14 - Third-Party Practice

    Fed. R. Civ. P. 14   Cited 3,714 times   10 Legal Analyses
    Striking improper third-party claim is appropriate remedy

  13. Section 5225 - Payment or delivery of property of judgment debtor

    N.Y. C.P.L.R. § 5225   Cited 873 times   1 Legal Analyses
    Authorizing judgment creditor to commence special proceeding against garnishee who holds assets of judgment debtor

  14. Section 1605A - Terrorism exception to the jurisdictional immunity of a foreign state

    28 U.S.C. § 1605A   Cited 521 times   12 Legal Analyses
    Adopting definition of "material support or resources" found in 18 U.S.C. § 2339A

  15. Section 1610 - Exceptions to the immunity from attachment or execution

    28 U.S.C. § 1610   Cited 460 times   15 Legal Analyses
    Abrogating attachment immunity of property of a foreign state when the property is “used for commercial activity in the United States”

  16. Section 5227 - Payment of debts owed to judgment debtor

    N.Y. C.P.L.R. § 5227   Cited 346 times

    Upon a special proceeding commenced by the judgment creditor, against any person who it is shown is or will become indebted to the judgment debtor, the court may require such person to pay to the judgment creditor the debt upon maturity, or so much of it as is sufficient to satisfy the judgment, and to execute and deliver any document necessary to effect payment; or it may direct that a judgment be entered against such person in favor of the judgment creditor. Costs of the proceeding shall not be