Henry Keller’s Empirical Analysis

Citation profile

1 district · 1 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 18 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(a) A foreign state shall not be immune from the jurisdiction of courts of the United States or of the States in any case — [in which there is] (2) ... an act outside the territory of the United States in connection with a commercial activity of the foreign state elsewhere and that act causes a direct effect in the United States.”

   2 later decisions quote this exact passage · from the majority
   e.g. 408 F. Supp. 2d 409 - American Telecom Co. v. the Republic of Lebanon · 351 F. Supp. 2d 641 - Strach v. Casino Windsor

2. “a foreign state shall be immune from the jurisdiction of the courts of the United States and of the States except as provided in sections 1605-1607 of this chapter.”

   2 later decisions quote this exact passage · from the majority
   e.g. O'BRYAN v. Holy See · 337 F. Supp. 2d 825 - Dale v. Colagiovanni

3. “The party claiming FSIA immunity bears the initial burden of proof establishing a prima facie case that it satisfies the FSIA’s definition of a foreign state; once this prima facie case is established, the burden of production shifts to the non-movant to show that an exception applies, [citation omitted] Nevertheless, the party claiming FSIA immunity retains the ultimate burden of persuasion throughout.”

   1 later decision quote this exact passage · from the majority
   e.g. 408 F. Supp. 2d 409 - American Telecom Co. v. the Republic of Lebanon