Epstein Secrets

be incompatible with the purpose of the FSIA, which is to grant governmental, not private corporate immunity, and ... would reflect infidelity to the Supreme Court's reasoning in Dole Food" Id. at 218. Accordingly, it reiterated that "'a subsidiary of an instrumentality is not it- self entitled to instrumentalit

FSIA defense in their motions to dismiss. The Court is not convinced by this argument because the waiv- er of FSIA immunity must be explicit. See Banco de Seguros del Estado v. Mutual Marine Office, Inc., 344 F.3d 255. 261 (2d Cir.2003). EFTA00795068 S04 349 FEDERAL SUPPLEMENT, 2d SERIES tions would not sustain juri

ious banks are not identical. In Bush, following the Supreme Court’s instructions in Steel Co., the district court dis

read as a waiver of immunity from this court’s jurisdiction. The Second Circuit has made clear that the waiver of FSIA immunity must be explicit. See Banco de Seguros del Estado v. Mutual Marine Office, Inc., 344 F.3d 255, 261 (2d Cir.2003) (requiring wavier that unambiguously waives claims of immunity from legal proceedings

other Saudi banks’ Rule 12(b)(6) motions cannot apply to NCB because the allegations against the various banks are not identical. In Bush, following the Supreme Court’s instructions in Steel Co., the district court dismissed the case for lack of subject matter jurisdiction after finding plaintiffs lacked standing to

upport of this argument, the Federal Plaintiffs cite Dole Food Co. v. Patrickson, 538 U.S. 468, 480, 123 S.Ct. 1655, 155 L.Ed.2d 643 (2003), in which the Supreme Court held that instrumentality status is determined at the time of the filing of the complaint. has specifically addressed the issue. HOUSE_OVERSIGHT_01

ounsel, did not raise the FSIA defense in The Court is not convinced by this argument because the waiv- er of FSIA immunity must be explicit. See Banco de Seguros del Estado v. Mutual Marine Office, Inc., 344 F.3d 255, 261 (2d Cir.2003). their motions to dismiss. HOUSE_OVERSIGHT_017868 --- PAGE BREAK --- 804 tions w