Legal Opinion

Smith v. Socialist People's Libyan Arab Jamahiriya

Court of Appeals for the Second Circuit

Decided November 26, 1996No. Nos. 1241, 1572 and 1573, Dockets 95-7930, 95-7931 and 95-7942PublishedCited by 20 opinions

1Opinion of the Court

JON 0. NEWMAN, Chief Judge:

In Kadic v. Karadzic, 70 F.3d 232 (2d Cir.1995), this Court ruled that a violation of certain fundamental norms of international law can be redressed by a civil suit brought in a United States district court against private citizens under the Alien Tort Claims Act, 28 U.S.C. § 1350 (1994). The pending appeal presents the issue of whether such violations can be redressed by a civil suit brought in a United States district court against a foreign state. The more precise issue is whether such a suit — brought primarily on behalf of victims of an aircraft bombing — is…

2Cases cited20 opinions

  1. Argentine Republic v. Amerada Hess Shipping Corp.Supreme Court of the United States · 1989
  2. United States v. PriceSupreme Court of the United States · 1960
  3. Industrial Union Dept., AFL-CIO v. American Petroleum InstituteSupreme Court of the United States · 1980
  4. The PlymouthSupreme Court of the United States · 1866
  5. Foremost-Mckesson, Inc. v. The Islamic Republic of IranCourt of Appeals for the D.C. Circuit · 1990

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3Cited by20 opinions

  1. Nader Aldossari v. Joseph RippCourt of Appeals for the Third Circuit · 2022
  2. Sampson v. Federal Republic of GermanyDistrict Court, N.D. Illinois · 1997
  3. TIG Insurance Company v. Republic of ArgentinaCourt of Appeals for the D.C. Circuit · 2024
  4. Barapind v. Government of the Republic of IndiaCourt of Appeals for the Ninth Circuit · 2016
  5. Smith v. Socialist People's Libyan Arab JamahiriyaCourt of Appeals for the Second Circuit · 1997

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