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· 1/11/2007

Nikbin v. Islamic Republic of Iran

Citations

  • 471 F. Supp. 2d 53
  • 2007 U.S. Dist. LEXIS 1903
  • 2007 WL 64185

How courts have described this case

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

  • holding that the Iranian Ministry of Intelligence and Security was the “state” under the core functions test, as well as the former head of the Ministry
  • holding that service sent by way of mail without a signed receipt and “left in the mailroom” of an embassy amounted to improper service under § 1608(a)(3)
  • finding that “[b]ecause service has not been effected as required under the FSIA, this Court is compelled to hold that it lacks personal jurisdiction over the official-capacity claims”
  • declining to determine whether foreign service was effective because the Court ultimately found that personal jurisdiction would be unconstitutional regardless
  • holding MOIS “must be treated as the foreign state itself”
  • finding insufficient service on the sole ground that the plaintiff, instead of the clerk of the court, mailed the service documents

Source: CourtListener parenthetical corpus (CC0).

Judges: Bates

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.