Alimanestianu v. United States

Rule 8(a)(2); Rule 12(b)(6); Motion to Dismiss; Fifth Amendment Taking; Property Interest; Nonfinal Judgment; Justiciability; Political Question.

OPINION AND ORDER DENYING DEFENDANT’S MOTION TO DISMISS

WILLIAMS, Judge.

This Fifth Amendment taking, case comes before the Court on Defendant’s motion to dismiss for failure to state a claim upon which relief can be granted. Plaintiffs, family membei’s of an American citizen killed in an airplane explosion caused by Libyan-sponsored terrorism, obtained a favorable judgment on wrongful death claims in the United States District Court for the District…