24 Cited authorities

  1. Lujan v. Defs. of Wildlife

    504 U.S. 555 (1992)   Cited 28,095 times   139 Legal Analyses
    Holding that the elements of standing "must be supported in the same way as any other matter on which the plaintiff bears the burden of proof"
  2. Koehler v. Bank of Bermuda

    2009 N.Y. Slip Op. 4297 (N.Y. 2009)   Cited 124 times   14 Legal Analyses
    Holding that a New York court with personal jurisdiction over a defendant may order him to turn over out-of-state property regardless of whether the defendant is a judgment debtor or a garnishee
  3. In re Islamic Republic of Iran Terrorism Litigation

    659 F. Supp. 2d 31 (D.D.C. 2009)   Cited 111 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)
  4. Weininger v. Castro

    462 F. Supp. 2d 457 (S.D.N.Y. 2006)   Cited 84 times
    Holding that the TRIA "provides [an] independent basis of subject matter jurisdiction in this enforcement proceeding against these [foreign sovereign] entities"
  5. Allied Maritime, Inc. v. Descatrade SA

    620 F.3d 70 (2d Cir. 2010)   Cited 35 times
    Explaining limitations on attachment of out-of-state accounts
  6. Alliance Bond Fund, Inc. v. Grupo Mexicano De Desarrollo, S.A.

    190 F.3d 16 (2d Cir. 1999)   Cited 37 times
    Holding that the validity of a turnover order depends on whether the district court "acted in accordance with New York's procedures for the enforcement of judgments."
  7. Estate of Heiser v. Islamic Republic of Iran

    885 F. Supp. 2d 429 (D.D.C. 2012)   Cited 20 times
    Holding that both TRIA § 201 and FSIA § 1610(g) “require plaintiffs to prove some terrorist state ownership in order to attach and execute on property” and finding that ownership interest through federal interstitial rule making
  8. Calderon-Cardona v. JPMorgan Chase Bank, N.A.

    867 F. Supp. 2d 389 (S.D.N.Y. 2011)   Cited 19 times
    Ruling on the question of whether EFTs were attachable before providing notice to potentially interested third parties
  9. Goldstein v. Time Warner New York City Cable Group

    3 F. Supp. 2d 423 (S.D.N.Y. 1998)   Cited 31 times
    Granting a stay where an independent proceeding in federal court, which had a bearing on the immediate case, was under appellate review
  10. Armstrong v. Accrediting Council for Continuing Education & Training, Inc.

    168 F.3d 1362 (D.C. Cir. 1999)   Cited 29 times   1 Legal Analyses
    Holding that the HEA does not preempt the field of federal education policy regarding loan lending to students, but that the plaintiff's contract claims did directly conflict with HEA regulations and so those claims were preempted
  11. Rule 4 - Summons

    Fed. R. Civ. P. 4   Cited 69,891 times   124 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. Section 1605 - General exceptions to the jurisdictional immunity of a foreign state

    28 U.S.C. § 1605   Cited 1,905 times   49 Legal Analyses
    Adopting the meaning given that term in section 3 of the Torture Victim Protection Act of 1991
  13. Rule 22 - Interpleader

    Fed. R. Civ. P. 22   Cited 1,325 times   3 Legal Analyses
    Governing interpleader
  14. Section 1608 - Service; time to answer; default

    28 U.S.C. § 1608   Cited 922 times   5 Legal Analyses
    Authorizing service "through diplomatic channels"
  15. Section 5225 - Payment or delivery of property of judgment debtor

    N.Y. CPLR 5225   Cited 835 times   1 Legal Analyses
    Authorizing judgment creditor to commence special proceeding against garnishee who holds assets of judgment debtor
  16. Section 1605A - Terrorism exception to the jurisdictional immunity of a foreign state

    28 U.S.C. § 1605A   Cited 491 times   12 Legal Analyses
    Adopting definition of "material support or resources" found in 18 U.S.C. § 2339A
  17. Section 5240 - Modification or protective order; supervision of enforcement

    N.Y. CPLR 5240   Cited 450 times
    Stating a court "may ... make an order ...."
  18. Section 1610 - Exceptions to the immunity from attachment or execution

    28 U.S.C. § 1610   Cited 444 times   14 Legal Analyses
    Abrogating attachment immunity of property of a foreign state when the property is “used for commercial activity in the United States”
  19. Section 5239 - Proceeding to determine adverse claims

    N.Y. CPLR 5239   Cited 222 times
    Proceeding to determine adverse claims
  20. Section 402 - Pleadings

    N.Y. CPLR 402   Cited 144 times

    There shall be a petition, which shall comply with the requirements for a complaint in an action, and an answer where there is an adverse party. There shall be a reply to a counterclaim denominated as such and there may be a reply to new matter in the answer in any case. The court may permit such other pleadings as are authorized in an action upon such terms as it may specify. Where there is no adverse party the petition shall state the result of any prior application for similar relief and shall