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80(a). Courts have found both exceptions are "in- tended to preserve immunity for 'decisions grounded in social, economic, and political policy.'" Marchisella v. Gov't of Japan, No. 02 Civ. 10023(DC), 2004 WL 307248, at •2 (S.D.N.Y. Feb. 17, 2004) (citing United States v. S.A. Empresa de Viacao Aerea Ri
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
§ 2680(a). Courts have found both exceptions are “in- tended to preserve immunity for ‘decisions grounded in social, economic, and political policy”” Marchisella v. Gov't of Japan, No. 02 Civ. 100238(DC), 2004 WL 307248, at *2 (S.D.N.Y. Feb. 17, 2004) (citing United States v. S.A. Empresa de Viacao Aerea Rio G
Page: HOUSE_OVERSIGHT_017859 →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
Page: HOUSE_OVERSIGHT_017891 →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
Page: HOUSE_OVERSIGHT_017892 →ption, ‘acts which are performed at the planning level of government, as opposed to those at the operational level, are protected by the immunity.’ ” Marchisella v. Gov't of Japan, No. 02 Civ. 10023(DC), 2004 WL 307248, at *2 (S.D.N.Y. Feb.17, 2004) (quoting Napolitano vy. Tishman Constr. Corp., No. 96 Civ. 44
Page: HOUSE_OVERSIGHT_017918 →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
Page: HOUSE_OVERSIGHT_017925 →Entities connected to both Marchisella and Kadic

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