Guirlando v. T.C. Ziraat Bankasi A.S.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• explaining that the direct effects test is not satisfied when the injured party moves to the United States
• stating that “ ‘the requisite imme- diacy’ is lacking where the alleged effect ‘depend[s] crucially on variables independent of’ the conduct of the foreign state” (alteration in original) (quoting Virtual Countries, Inc. v. Republic of S. Afr., 300 F.3d 230, 238 (2d Cir. 2002)
• noting that “the mere fact that a foreign state’s commercial activity outside of the United States caused physical or financial injury to a United States citizen is not itself sufficient to constitute a direct effect in the United States”
• dismissing claim that U.S. citizen brought against Turkish bank for misrepresentations and for permitting improper withdrawals by Turkish citizen from Turkish bank account located in Turkey
• noting a 6 direct effect “has no intervening element, but, rather, flows in a straight line without deviation or interruption” (citation omitted)
• stating that “ ‘the requisite imme- diacy’ is lacking where the alleged effect ‘depend[s] crucially on variables independent of’ the conduct of the foreign state” (alteration in original) (quoting Virtual Countries, Inc. v. Republic of S. Afr., 300 F.3d 230, 238 (2d Cir. 2002))

Source: CourtListener parenthetical corpus (CC0).