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· 6/12/2000

Zappia Middle East Construction Company Limited v. The Emirate of Abu Dhabi, Abu Dhabi Investment Authority, and Abu Dhabi Commercial Bank

Citations

  • 215 F.3d 247
  • 2000 U.S. App. LEXIS 13104

How courts have described this case

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

  • holding that plaintiff did not demonstrate sufficient intermingling of private banks with foreign sovereign to overcome Bancec’s presumption of juridical separateness, and therefore immunity exception that might have applied to foreign sovereign did not apply to its instrumentalities
  • explaining that “government instrumentalities are presumed to be distinct and independent from their sovereign and normally are treated as such”
  • indicating that this Court reviews a district court’s denial of an evidentiary hearing for abuse of discretion
  • finding, on appeal from a Rule 12(b)(1) motion under the FSIA, conclusory allegations in the plaintiff's affidavit insufficient to sustain jurisdiction
  • finding, on appeal from a Rule 12(b)(1) motion under the FSIA, conclusory allegations in the plaintiffs affidavit insufficient to sustain jurisdiction
  • finding \conclusory allegations in [a party's] affidavit are not sufficient to create a material issue of fact\ for the purposes of a 12(b)(1) motion

Source: CourtListener parenthetical corpus (CC0).

Judges: Feinberg, Leval, Pauley

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

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