· 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 CourtListenerSourced 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.