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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
N.Y. 2003) Mar—Jac Investment, Inc., Mena Corpora- tion, Reston Investment, Inc., Sterling Charitable Gift Fund, Sterling Manage- ment Group, Inc., Success Foundation, and York Foundation." Id, 1224. Allegedly, many of the entities are related by com- mon management, few of them maintained a physical presence at
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
Page: HOUSE_OVERSIGHT_017869 →D.N.Y. 2005) Mar—Jac Investment, Inc., Mena Corpora- tion, Reston Investment, Inc, Sterling Charitable Gift Fund, Sterling Manage- ment Group, Inc., Success Foundation, and York Foundation.” Jd. 1224. Allegedly, many of the entities are related by com- mon management, few of them maintained a physical presence at th
Page: HOUSE_OVERSIGHT_017888 →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
Page: HOUSE_OVERSIGHT_017918 →rsonal jurisdiction defense before resolving the FSIA *576 denied, but the RICO, TVPA, intentional tort, and issue. negligence claims are dismissed. Success Foundation’s motion to dismiss the Burnett complaint is granted. The So ordered. motions by African Muslim Agency, Grove Corporate, Heritage Education Trust, HIT
Page: HOUSE_OVERSIGHT_017933 →Entities connected to both Banco de Seguros del Estado and Success Foundation
PDK Labs, Inc.
ORGANIZATION
Friedlander
ORGANIZATIONT. Barry Kingham
ORGANIZATION
Kenya
LOCATION
Bill Clinton
PERSONHerndon
LOCATIONChrysler Capital Corp.
ORGANIZATION
U.S. Treasury
ORGANIZATION
Khalifa
PERSONBurnett
PERSON
Batterjee
PERSON
Salvo
PERSON
Princes
PERSONAndrew J. Maloney
PERSON
Brian J. Alexander
PERSONKadic
PERSONDavid C. Cook
PERSONFrancis G. Fleming
PERSON
James P. Kreindler
PERSON
Houston
LOCATION