HOUSE_OVERSIGHT_017836.jpg

IN RE TERRORIST ATTACKS ON SEPTEMBER 11, 2001 771
Cite as 349 F.Supp.2d 765 (S.D.N.Y. 2005)

tirely on factual allegations, and would
prevail even if defendants made contrary
arguments. Fed.Rules Civ.Proc.Rule
12(b)(2), 28 U.S.C.A.

35. Federal Courts [Key] 96
In resolving motions to dismiss for
lack of personal jurisdiction, the district
court reads the complaints and affidavits
in a light most favorable to the plaintiffs.
Fed.Rules Civ.Proc.Rule 12(b)(2), 28
U.S.C.A.

36. Federal Courts [Key] 96
In resolving a motion to dismiss for
lack of personal jurisdiction, the district
court will not accept legally conclusory
assertions or draw argumentative infer
ences. Fed.Rules Civ.Proc.Rule 12(b)(2),
28 U.S.C.A.

37. Federal Courts [Key] 417
A federal court sitting in diversity ex
ercises personal jurisdiction over a foreign
defendant to the same extent as courts of
general jurisdiction of the state in which it
sits. Fed.Rules Civ.Proc.Rule 4(k)(1)(A),
28 U.S.C.A.

38. Courts [Key] 12(2.20)
For New York's long-arm statute to
provide a basis for personal jurisdiction in
a civil conspiracy action, the plaintiffs are
not required to establish the existence of a
formal agency relationship between the de
fendants and their putative co-conspira
tors. N.Y.McKinney's CPLR 302(a)(2).

39. Courts [Key] 12(2.20)
The bland assertion of conspiracy is
insufficient to establish personal jurisdic
tion under New York's long-arm statute.
N.Y.McKinney's CPLR 302(a)(2).

40. Courts [Key] 12(2.20)
To establish personal jurisdiction on a
conspiracy theory under New York's long
arm statute, the plaintiffs must make a
prima facie showing of conspiracy, allege

specific facts warranting the inference that
the defendant was a member of the con
spiracy, and show that the defendant's co
conspirator committed a tort in New York.
N.Y.McKinney's CPLR 302(a)(2).

41. Courts [Key] 12(2.20)
To warrant the inference that an out
of-state defendant was a member of a con
spiracy, as required for a court to exercise
personal jurisdiction under New York's
long-arm statute on the basis of the acts of
co-conspirators in New York, plaintiffs
must show that: (1) the defendant had an
awareness of the effects in New York of its
activity; (2) the activity of the co-conspira
tors in New York was to the benefit of the
out-of-state conspirators; and (3) the co
conspirators acting in New York acted at
the direction or under the control or at the
request of or on behalf of the out-of-state
defendant. N.Y.McKinney's CPLR
302(a)(2).

42. Federal Courts [Key] 94, 96
Allegations by victims' survivors, that
various defendants, including Saudi Ara
bian Princes, conspired with al Qaeda ter
rorists to perpetrate September 11, 2001
attacks, failed to make prima facie showing
necessary to establish personal jurisdiction
as to Antiterrorism Act (ATA) claims un
der New York's long-arm statute, absent
specific facts from which district court
could infer that defendants directed, con
trolled, or requested al Qaeda to under
take its terrorist activities, or specific alle
gations of defendants' knowledge of or
consent to those activities. 18 U.S.C.A.
§ 2331 et seq.; N.Y.McKinney's CPLR
302(a)(2).

43. Constitutional Law [Key] 305(5)
Federal Courts [Key] 76.5
For jurisdiction to exist under the
rule establishing personal jurisdiction in
any district court for cases arising under

HOUSE_OVERSIGHT_017836