Ministry of Defense and Support for Armed Forces of Islamic Republic of Iran v. Elahi’s Empirical Analysis
2006
Citation profile
18 federal appellate · 3 district ·
Appellate journey
reviewedMinistry of Defense & Support for the Armed Forces of the Islamic Republic of Iran v. Cubic Defense Systems, Inc. (from Ninth Circuit Court of Appeals)
Relationships
Applies 28 U.S.C. § 1602 (§ 4 of the Foreign Sovereign Immunities Act of 1976) · 28 U.S.C. § 1610 (§ 4 of the Foreign Sovereign Immunities Act of 1976)
Relies on Transaero, Inc. v. La Fuerza Aerea Boliviana · 124 F. Supp. 2d 97 - Elahi v. Islamic Republic of Iran · Ministry of Defense & Support for the Armed Forces of the Islamic Republic of Iran v. Cubic Defense Systems, Inc. · 236 F. Supp. 2d 1140 - Ministry of Defense & Support for the Armed Forces of the Islamic Republic of Iran v. Cubic Defense Systems, Inc.
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 27 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The FSIA distinguishes between execution against property of an agency or instrumentality of a foreign state, which may be executed against regardless of whether the property was used for the activity on which the claim is based under § 1610(b)(2), and the property of the foreign state itself, which may be executed against only when the property was used for the commercial activity on which the claim is based under § 1610(a)(2). In making the distinction, Congress sharply restricted immunity from execution against agencies and instrumentalities, but was more cautious when lifting immunity from execution against property owned by the State itself.”
1 later decision quote this exact passage · from the majority
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.