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2.08 MB
Extraction Summary
3
People
4
Organizations
3
Locations
1
Events
2
Relationships
2
Quotes
Document Information
Type:
Legal case law / court opinion headnotes
File Size:
2.08 MB
Summary
This document is a page of legal headnotes from the case 'In re Terrorist Attacks on September 11, 2001' (349 F.Supp.2d 765), dated 2005. It outlines legal standards regarding the Foreign Sovereign Immunities Act (FSIA), jurisdiction, and the immunity of foreign officials, specifically mentioning the Director of Saudi Arabia's Department of General Intelligence. The document bears a 'HOUSE_OVERSIGHT' Bates stamp, suggesting it was part of a Congressional document production, potentially related to investigations into 9/11 or financial oversight, though Jeffrey Epstein is not explicitly named in the text of this specific page.
People (3)
| Name | Role | Context |
|---|---|---|
| Director of Saudi Arabia's Department of General Intelligence | Defendant/Official |
Found immune from Antiterrorism Act suit.
|
| Bank Chairman | Defendant |
Survivors stated a cause of action against this individual under the ATA.
|
| Survivors | Plaintiffs |
Survivors of victims of September 11 attacks bringing suit.
|
Organizations (4)
| Name | Type | Context |
|---|---|---|
| Department of General Intelligence (DGI) |
Saudi Arabia's intelligence agency.
|
|
| United States District Court (S.D.N.Y.) |
The court issuing the opinion.
|
|
| Second Circuit |
Court of Appeals whose law binds the District Court.
|
|
| Multidistrict Litigation Panel |
Body responsible for transferring cases.
|
Locations (3)
| Location | Context |
|---|---|
|
Foreign state mentioned regarding sovereign immunity.
|
|
|
Mentioned regarding choice of law.
|
|
|
Jurisdiction of courts.
|
Relationships (2)
Suit by survivors against Director (found immune).
Survivors stated cause of action against bank chairman.
Key Quotes (2)
"Director of Saudi Arabia's Department of General Intelligence (DGI) was immune from Antiterrorism Act (ATA) suit by survivors of victims of Septem-"Source
HOUSE_OVERSIGHT_017832.jpg
Quote #1
"A delicate balance exists between permitting discovery to substantiate exceptions to statutory foreign sovereign immunity and protecting a sovereign's or sovereign's agency's legitimate claim to immunity from discovery."Source
HOUSE_OVERSIGHT_017832.jpg
Quote #2
Full Extracted Text
Complete text extracted from the document (3,304 characters)
IN RE TERRORIST ATTACKS ON SEPTEMBER 11, 2001 767
Cite as 349 F.Supp.2d 765 (S.D.N.Y. 2005)
Cite as 349 F.Supp.2d 765 (S.D.N.Y. 2005)
(18) survivors failed to state cause of action under ATA against banks; and
(19) survivors stated cause of action against bank chairman under ATA.
Order accordingly.
(19) survivors stated cause of action against bank chairman under ATA.
Order accordingly.
1. Federal Courts [Key Symbol] 157
Although district court would review and give deference to opinion issued by judge of another district court prior to transfer of case by Multidistrict Litigation Panel, district court was required to evaluate motions to dismiss on merits de novo, and was bound by Second Circuit law, not District of Columbia law, which was applied by the other district court. 28 U.S.C.A. § 1407; Fed.Rules Civ.Proc.Rule 12(b), 28 U.S.C.A.
Although district court would review and give deference to opinion issued by judge of another district court prior to transfer of case by Multidistrict Litigation Panel, district court was required to evaluate motions to dismiss on merits de novo, and was bound by Second Circuit law, not District of Columbia law, which was applied by the other district court. 28 U.S.C.A. § 1407; Fed.Rules Civ.Proc.Rule 12(b), 28 U.S.C.A.
2. International Law [Key Symbol] 10.38
Under the Foreign Sovereign Immunities Act (FSIA), a foreign state and its instrumentalities are presumed immune from United States courts' jurisdiction. 28 U.S.C.A. § 1602 et seq.
Under the Foreign Sovereign Immunities Act (FSIA), a foreign state and its instrumentalities are presumed immune from United States courts' jurisdiction. 28 U.S.C.A. § 1602 et seq.
3. International Law [Key Symbol] 10.31
The exceptions to immunity provided by the Foreign Sovereign Immunities Act (FSIA) provide the sole basis for obtaining subject matter jurisdiction over a foreign state and its instrumentalities in federal court. 28 U.S.C.A. § 1602 et seq.
The exceptions to immunity provided by the Foreign Sovereign Immunities Act (FSIA) provide the sole basis for obtaining subject matter jurisdiction over a foreign state and its instrumentalities in federal court. 28 U.S.C.A. § 1602 et seq.
4. International Law [Key Symbol] 7
A federal court must inquire at the threshold of every action against a foreign state whether the exercise of its jurisdiction is appropriate.
A federal court must inquire at the threshold of every action against a foreign state whether the exercise of its jurisdiction is appropriate.
5. International Law [Key Symbol] 10.38
On a motion to dismiss challenging subject matter jurisdiction under the Foreign Sovereign Immunities Act (FSIA), the defendant must first present a prima facie case that it is a foreign sovereign; in response, the plaintiff must present evidence that one of the statute's exceptions nullifies the immunity. 28 U.S.C.A. § 1602 et seq.; Fed.Rules Civ.Proc.Rule 12(b)(1), 28 U.S.C.A.
On a motion to dismiss challenging subject matter jurisdiction under the Foreign Sovereign Immunities Act (FSIA), the defendant must first present a prima facie case that it is a foreign sovereign; in response, the plaintiff must present evidence that one of the statute's exceptions nullifies the immunity. 28 U.S.C.A. § 1602 et seq.; Fed.Rules Civ.Proc.Rule 12(b)(1), 28 U.S.C.A.
6. International Law [Key Symbol] 10.38
In challenging the District Court's subject matter jurisdiction under the Foreign Sovereign Immunities Act (FSIA) on a motion to dismiss, the defendants retain the ultimate burden of persuasion. 28 U.S.C.A. § 1602 et seq.; Fed.Rules Civ.Proc.Rule 12(b)(1), 28 U.S.C.A.
In challenging the District Court's subject matter jurisdiction under the Foreign Sovereign Immunities Act (FSIA) on a motion to dismiss, the defendants retain the ultimate burden of persuasion. 28 U.S.C.A. § 1602 et seq.; Fed.Rules Civ.Proc.Rule 12(b)(1), 28 U.S.C.A.
7. International Law [Key Symbol] 10.38
The District Court must consult outside evidence if resolution of a proffered factual issue may result in the dismissal of a complaint, pursuant to the Foreign Sovereign Immunities Act (FSIA), for lack of jurisdiction. 28 U.S.C.A. § 1602 et seq.; Fed.Rules Civ.Proc.Rule 12(b)(1), 28 U.S.C.A.
The District Court must consult outside evidence if resolution of a proffered factual issue may result in the dismissal of a complaint, pursuant to the Foreign Sovereign Immunities Act (FSIA), for lack of jurisdiction. 28 U.S.C.A. § 1602 et seq.; Fed.Rules Civ.Proc.Rule 12(b)(1), 28 U.S.C.A.
8. Federal Civil Procedure [Key Symbol] 1264
A delicate balance exists between permitting discovery to substantiate exceptions to statutory foreign sovereign immunity and protecting a sovereign's or sovereign's agency's legitimate claim to immunity from discovery. 28 U.S.C.A. § 1602 et seq.
A delicate balance exists between permitting discovery to substantiate exceptions to statutory foreign sovereign immunity and protecting a sovereign's or sovereign's agency's legitimate claim to immunity from discovery. 28 U.S.C.A. § 1602 et seq.
9. International Law [Key Symbol] 10.38
In deciding whether a defendant is entitled to immunity under the Foreign Sovereign Immunities Act (FSIA), the District Court gives great weight to any extrinsic submissions made by the foreign defendant regarding the scope of his official responsibilities. 28 U.S.C.A. § 1602 et seq.
In deciding whether a defendant is entitled to immunity under the Foreign Sovereign Immunities Act (FSIA), the District Court gives great weight to any extrinsic submissions made by the foreign defendant regarding the scope of his official responsibilities. 28 U.S.C.A. § 1602 et seq.
10. International Law [Key Symbol] 10.33
Director of Saudi Arabia's Department of General Intelligence (DGI) was immune from Antiterrorism Act (ATA) suit by survivors of victims of Septem-
Director of Saudi Arabia's Department of General Intelligence (DGI) was immune from Antiterrorism Act (ATA) suit by survivors of victims of Septem-
HOUSE_OVERSIGHT_017832
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