Walters v. Industrial and Commercial Bank of China
651 F.3d 280 (2d Cir. 2011) Cited 287 timesHolding that a court may raise statute of limitations sua sponte when facts supporting that defense "are set forth in the papers plaintiff himself submitted"
Weininger v. Castro
462 F. Supp. 2d 457 (S.D.N.Y. 2006) Cited 85 timesHolding that the TRIA "provides [an] independent basis of subject matter jurisdiction in this enforcement proceeding against these [foreign sovereign] entities"
Rule 69 - Execution
Fed. R. Civ. P. 69 Cited 4,062 times 6 Legal AnalysesAdopting state law for procedures to execute judgments and obtain relevant discovery
Section 1605 - General exceptions to the jurisdictional immunity of a foreign state
28 U.S.C. § 1605 Cited 1,924 times 52 Legal AnalysesAdopting the meaning given that term in section 3 of the Torture Victim Protection Act of 1991
Section 5225 - Payment or delivery of property of judgment debtor
N.Y. C.P.L.R. § 5225 Cited 849 times 1 Legal AnalysesAuthorizing judgment creditor to commence special proceeding against garnishee who holds assets of judgment debtor
Section 1610 - Exceptions to the immunity from attachment or execution
28 U.S.C. § 1610 Cited 454 times 15 Legal AnalysesAbrogating attachment immunity of property of a foreign state when the property is “used for commercial activity in the United States”