Estate of Heiser v. Islamic Republic of Iran
807 F. Supp. 2d 9 (D.D.C. 2011) Cited 18 timesReviewing the “desolate backdrop” of barriers facing victims before Congress enacted § 1610(g) in 2008
Section 1331 - Federal question
28 U.S.C. § 1331 Cited 97,806 times 136 Legal AnalysesFinding that in order to invoke federal question jurisdiction, a plaintiff's claims must arise "under the Constitution, laws, or treaties of the United States."
Section 1367 - Supplemental jurisdiction
28 U.S.C. § 1367 Cited 62,128 times 78 Legal AnalysesHolding that in civil actions proceeding in federal court based solely on diversity jurisdiction under 28 U.S.C. § 1332, the district court "shall not have supplemental jurisdiction" over "claims by plaintiffs against persons made parties under Rule . . . 24" or "over claims by persons . . seeking to intervene as plaintiffs under Rule 24," if "exercising supplemental jurisdiction over such claims would be inconsistent with the jurisdictional requirements of section 1332"
Section 1391 - Venue generally
28 U.S.C. § 1391 Cited 27,989 times 197 Legal AnalysesFinding that venue lies where a "substantial part of the events or omissions giving rise to the claim" occurred
Rule 69 - Execution
Fed. R. Civ. P. 69 Cited 3,981 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 1,904 times 47 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. CPLR 5225 Cited 834 times 1 Legal AnalysesAuthorizing judgment creditor to commence special proceeding against garnishee who holds assets of judgment debtor
Section 1605A - Terrorism exception to the jurisdictional immunity of a foreign state
28 U.S.C. § 1605A Cited 487 times 12 Legal AnalysesAdopting definition of "material support or resources" found in 18 U.S.C. § 2339A
Section 1610 - Exceptions to the immunity from attachment or execution
28 U.S.C. § 1610 Cited 443 times 14 Legal AnalysesAbrogating attachment immunity of property of a foreign state when the property is “used for commercial activity in the United States”
Section 1701 - Unusual and extraordinary threat; declaration of national emergency; exercise of Presidential authorities
50 U.S.C. § 1701 Cited 424 times 63 Legal AnalysesGranting Presidential emergency power "to deal with any unusual and extraordinary threat, which has its source in whole or substantial part outside the United States, to the national security, foreign policy, or economy of the United States"
Section 1610 - Effect on other laws
15 U.S.C. § 1610 Cited 153 times 2 Legal AnalysesAllowing states to regulate consumer credit charges
Section 515.201 - Transactions involving designated foreign countries or their nationals; effective date
31 C.F.R. § 515.201 Cited 66 times 2 Legal AnalysesDefining effective date