Epstein Secrets

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

wing three conditions are satisfied: (1) an alien sues (2) for a tort (3) committed in violation of the law of nations (i.e., international law)." Kadic v. Karad- zic, 70 FM 232, 238 (2d Cir.1995); see also Flores v. Southern Peru Corp, 343 F.3d 140, 143 n. 2 (2d Cir2003). Certain Plaintiffs in the

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

llowing three conditions are satisfied: (1) an alien sues (2) for a tort (3) committed in violation of the law of nations (i.e., international law).” Kadic v. Karad- zic, 70 F.8d 232, 238 (2d Cir.1995); see also Flores v. Southern Peru Corp., 348 F.3d 140, 143 n. 2 (2d Cir.2003). Certain Plaintiffs in th

rts. The Court finds that “aircraft hijacking is generally recognized as a violation of inter- national law.” Burnett I, 274 F.Supp.2d at 100 (citing Kadic, 70 F.3d at 240; Bigio v. Coca-Cola Co., 239 F.3d 440, 447-49 (2d Cir.2000)). Further, “courts, including the Second Circuit, have almost unanimously

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

12(b)(6) motion). The ATCA provides a basis for relief when an alien sues for a tort committed in violation of the law of nations. 28 U.S.C. § 1350; Kadic v. Karadzic, 70 F.3d 232, 238 (2d Cir.1995). Aircraft hijacking is considered a violation of international law, Kadic, 70 F.3d at 240, and the ATCA i