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Saudi Arabia Vs. Nelson

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  • US Supreme Court
  • Nov 30, 1992

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  1. Wilson Vs. Garcia US Supreme Court · Apr 17, 1985
  2. United States Vs. Gaubert US Supreme Court · Mar 26, 1991
  3. U.S. 349 (1992) October Term, 1992 Syllabus Saudi Arabia Et Al. V. Nelson
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  4. theory of foreign sovereign immunity, Republic of Argentina v. Weltover
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  5. thwart the Act's manifest purpose to codify the restrictive theory of foreign sovereign immunity. Cf. United States v. Shearer
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  6. on a motion to dismiss the complaint, we assume that we have truthful factual allegations before us, see United States v. Gaubert
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  7. Argentine Republic v. Amerada
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  8. for purposes of the Act. See Texas Trading & Milling Corp. v. Federal
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  9. elements of a claim that, if proven, would entitle a plaintiff to relief under his theory of the case. See Callejo v. Bancomer
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  10. accord, Santos v. Compagnie
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  11. Millen Industries, Inc. v. Coordination
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  12. among descriptions juxtaposed against each other are naturally understood to be significant, see Melkonyan v. Sulli-
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  13. Republic of Argentina v. Weltover
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  14. Alfred Dunhill of London, Inc. v. Republic
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  15. police has long been understood for purposes of the restrictive theory as peculiarly sovereign in nature. See Arango v. Guzman
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  16. Victory Transport Inc. v. Comisaria
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  17. Herbage v. Meese
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  18. have been known to retaliate by enlisting the help of police officers to falsely arrest employees. See, e. g., Rosario v. Amalgamated
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  19. Co., 398 U. S. 144 (1970), and for using private security personnel for the same purposes, see Albright v. Longview
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  20. action would be based on the operation by Saudi Arabia's agents of a commercial business.2 1 See, e. g., English v. General
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  21. Belline v. K-Mart
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  22. White v. General
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  23. Sanchez v. Unemployment
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  24. Collier v. Superior
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  25. that did not take place in a commercial context and that could be considered purely sovereign. For instance, in Arango v. Guzman
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  26. Id., at 1379. Nor was there a hint of commercial activity in Herbage v. Meese
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  27. Bank of United States v. Planters'
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  28. Bank of Georgia, 9 Wheat. 904, 907 (1824). See also Alfred Dunhill of London, Inc. v. Republic
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  29. was a mere tourist in Saudi Arabia and had been summarily expelled by order of immigration officials. See Arango v. Guzman
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  30. information during employee recruiting is commercial activity as we have described it. See Republic of Argentina v. Weltover
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  31. First Nat. City Bank v. Banco
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  32. Id., at 622, The majority's citation of United States v. Shearer
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  33. negligence terms what was essentially an intentional tort claim, but that case was decided under the doctrine of Feres v. United
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  34. under certain circumstances, we have permitted recovery in that situation. See Sheridan v. United
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  35. suit, which raised an identical failure to warn claim, not only as time barred, but also on the merits. See Nelson v. Hospital
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  36. of BLACKMUN, J. ants, whose recruitment of Nelson took place almost entirely through HCA. See generally Montana v. United
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  37. Lawlor v. National
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  38. quoting Bigelow v. Old
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  39. See, e. g., Maritime International Nominees Establishment v. Republic
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  40. with the view expressed by Judge Higginbotham in his separate opinion in Vencedora Oceanica Navigacion, S. A. v. Compagnie
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  41. Syllabus Saudi Arabia Et Al. V. Nelson
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  42. Cf. United States v. Shearer
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  43. of the Act. See Texas Trading & Milling Corp. v. Federal
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  44. See Callejo v. Bancomer
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  45. Santos v. Compagnie
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  46. Melkonyan v. Sulli-
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  47. See Arango v. Guzman
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  48. Rosario v. Amalgamated
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  49. Albright v. Longview
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  50. English v. General
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