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Samantar Vs. Yousuf
Cites for this judgment
- US Supreme Court
- Jun 01, 2010
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Syllabus October Term, 2009 Samantar V. YousufSearch
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a) Under the common-law doctrine of foreign sovereign immunity, see Schooner Exchange v. McFaddonSearch
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in part and concurring in the judgment. Scalia, J., filed an opinion concurring in the judgment. Samantar v. YousufSearch
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Opinion of the Court Samantar V. YousufSearch
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Supreme Court of the United States No. 08-1555 Mohamed Ali Samantar, Petitioner V. BasheSearch
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Id. , at 47a (quoting Velasco v. GovernmentSearch
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Central Bank of Nigeria , 461 U. S. 480 , 486 (1983), we explained that in Schooner Exchange v. McFaddonSearch
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s claim of sovereign immunity, typically asserted on behalf of seized vessels. See, e.g. , Republic of Mexico v. HoffmanSearch
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Navegacion Maritima, S. A. v. TheSearch
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Heaney v. GovernmentSearch
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Waltier v. ThomsonSearch
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Republic of Austria v. AltmannSearch
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Argentine Republic v. AmeradaSearch
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Brief any citation in this list with AI Studio
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to hold personhood separate from the natural persons who are its shareholders or officers. Cf. First Nat. City Bank v. BancoSearch
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Cf. Dole Food Co. v. PatricksonSearch
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does not encompass officials, because the types of defendants listed are all entities. See Russell Motor Car Co. v. UnitedSearch
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Cf. Kimbrough v. UnitedSearch
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United Nations v. CitySearch
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under the common law for individual officials even when the foreign state did not qualify. See, e.g. , Greenspan v. CrosbieSearch
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of those acts when done within the territory of the foreign state. See Underhill v. HernandezSearch
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Chuidian v. PhilippineSearch
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the suit, regardless of whether the official is immune or not under the common law. See Republic of Philippines v. PimentelSearch
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be treated as actions against the foreign state itself, as the state is the real party in interest. Cf. Kentucky v. GrahamSearch
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s origin or aims to indicate that Congress similarly wanted to codify the law of foreign official immunity. v. OurSearch
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Compare 552 F. 3d, at 381 (holding the FSIA does not govern the immunity of individual foreign officials), and Enahoro v. AbubakarSearch
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CA7 2005) (same), with Chuidian v. PhilippineSearch
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under the FSIA), In re Terrorist Attacks on September 11, 2001 , 538 F. 3d 71, 83 (CA2 2008) (same), Keller v. CentralSearch
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Bank of Nigeria , 277 F. 3d 811, 815 (CA6 2002) (same), Byrd v. CorporacionSearch
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Forestal y Industrial de Olancho S. A. , 182 F. 3d 380, 388 (CA5 1999) (same), and El-Fadl v. CentralSearch
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could claim immunity on that basis, see Schooner Exchange v. McFaddonSearch
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s practice of utilizing legislative history reaches well into its past. See, e.g. , Wallace v. ParkerSearch
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Wisconsin Public Intervenor v. MortierSearch
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Astoria Fed. Sav. & Loan Assn. v. SoliminoSearch
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the statute with the presumption that Congress intended to retain the substance of the common law. See Isbrandtsen Co. v. JohnsonSearch
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s invocation of the canon that a statute should be interpreted in compliance with international law, see Murray v. SchoonerSearch
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whether former officials are covered, an issue it settled with respect to instrumentalities, see Dole Food Co. v. PatricksonSearch
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the Court, although I think that the citations to legislative history are of little if any value here. Samantar v. YousufSearch
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Scalia, J., concurring in judgment). Samantar v. YousufSearch
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be used. Ante , at 10, n. 9 (quoting Wisconsin Public Intervenor v. MortierSearch
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Schooner Exchange v. McFaddonSearch
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Mohamed Ali Samantar, Petitioner V. BasheSearch
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Velasco v. GovernmentSearch
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Navegacion Maritima, S. A. v. TheSearch
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Cf. First Nat. City Bank v. BancoSearch
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See Russell Motor Car Co. v. UnitedSearch
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United Nations v. CitySearch
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Greenspan v. CrosbieSearch
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See Underhill v. HernandezSearch
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