Ministry of Defense and Support for Armed Forces of Islamic Republic of Iran v. Elahi’s Empirical Analysis
556 U.S. 366 · 2009
Citation profile
32 federal appellate · 8 district · 5 state decisions
How this case has been cited
Cited by 74 later decisions — most recently April 2024 · most notably 659 F. Supp. 2d 31 - In Re Islamic Republic of Iran Terrorism Litigation (2009), United States v. Wurie (2013)
32 federal appellate · 8 district · 5 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Appellate journey
reviewedthe decision below (from Ninth Circuit Court of Appeals)
Relationships
Applies 22 U.S.C. § 2751 (Arms Export Control Act) · 28 U.S.C. § 1605 (§ 4 of the Foreign Sovereign Immunities Act of 1976) · 28 U.S.C. § 1605A · 28 U.S.C. § 1610 (§ 4 of the Foreign Sovereign Immunities Act of 1976)
Relies on F. Hoffmann-La Roche Ltd. v. Empagran S. A. · 124 F. Supp. 2d 97 - Elahi v. Islamic Republic of Iran · Ministry of Defense and Support for Armed Forces of Islamic Republic of Iran v. Elahi · Ministry of Defense & Support for the Armed Forces of the Islamic Republic of Iran v. Cubic Defense Systems, Inc. · Hegna v. Islamic Republic of Iran
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 74 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(1) In general. — Subject to paragraph (3), the property of a foreign state against which a judgment is entered under section 1605A, and the property of an agency or instrumentality of such a state, including property that is a separate juridical entity or is an interest held directly or indirectly in a separate juridical entity, is subject to attachment in aid of execution, and execution, upon that judgment as provided in this section, regardless of— (A) the level of economic control over the property by the government of the foreign state; (B) whether the profits of the property go to that government; (C) the degree to which officials of that government manage the property or otherwise control its daily affairs; (D) whether that government is the sole beneficiary in interest of the property; or (E) whether establishing the property as a separate entity would entitle the foreign state to benefits in United States courts while avoiding its obligations. (2) United states sovereign immunity in applicable.—Any property of a foreign state, or agency or instrumentality of a foreign state, to which paragraph (1) applies shall not be immune from attachment in aid of execution, or execution, upon a judgment entered under section 1605A because the property is regulated by the United States Government by reason of action taken against that foreign state under the [TWEA] or the [IEEPA]. (3) Third-party joint property holders.—Nothing in this subsection shall be construed to supersede th”
2 later decisions quote this exact passage · from the majority“Notwithstanding any other provision of law, and except as provided in subsection (b) [of this note], in every case in which a person has obtained a judgment against a terrorist party on a claim based upon an act of terrorism, or for which a terrorist party is not immune under section 1605A or 1605(a)(7) ... the blocked assets of that terrorist party (including the blocked assets of any agency or instrumentality of that terrorist party) shall be subject to execution or attachment in aid of execution in order to satisfy such judgment to the extent of any compensatory damages for which such terrorist party has been adjudged liable.”
2 later decisions quote this exact passage · from the concurrence“(A) any asset seized or frozen by the United States under section 5(b) of the Trading With the Enemy Act ... or under sections 202 and 203 of the International Emergency Economic Powers Act ... and (B) does not include property that— (i) is subject to a license issued by the United States Government for final payment, transfer, or disposition by or to a person subject to the jurisdiction of the United States in connection with a transaction for which the issuance of such license has been specifically required by statute other than the International Economic Powers Act ... or the United Nations Participation Act of 1945....”
2 later decisions 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.