Legal Opinion
Subir Gupta v. Thai Airways International, Ltd.
Court of Appeals for the Ninth Circuit
Decided May 30, 2007No. 04-56389PublishedCited by 48 opinions
1Opinion of the Court
BEA, Circuit Judge.
Thai Airways, International (“Thai Airways”) appeals from the district court’s order denying Thai Airways’ motion to dismiss for lack of subject matter jurisdiction pursuant to Fed.R.Civ.P. 12(b)(1). Thai Airways claims the district court erred in refusing to recognize the preclu-sive effect (“res judicata ”) of an earlier order dismissing, under the Foreign Sovereign Immunities Act (“FSIA” or “Act”), 28 U.S.C. §§ 1330, 1602 et seq., an identical action brought by Gupta. That California order of dismissal was not appealed, and is now final. We raised the issue of…
2Cases cited33 opinions
- Cohen v. Beneficial Industrial Loan Corp.Supreme Court of the United States · 1949
- Mitchell v. ForsythSupreme Court of the United States · 1985
- Allen v. McCurrySupreme Court of the United States · 1980
- Migra v. Warren City School District Board of EducationSupreme Court of the United States · 1984
- Kremer v. Chemical Construction Corp.Supreme Court of the United States · 1982
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3Cited by48 opinions
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- Manuel Terenkian v. The Republic of IraqCourt of Appeals for the Ninth Circuit · 2012
- Symantec Corp. v. Global Impact, Inc.Court of Appeals for the Ninth Circuit · 2009
- Chad Barnes v. Sea Hawaii Rafting, LLCCourt of Appeals for the Ninth Circuit · 2018
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