Legal Opinion

Kilburn v. Socialist People's Libyan Arab Jamahiriya

Court of Appeals for the D.C. Circuit

Decided July 30, 2004No. 03-7117PublishedCited by 193 opinions

1Opinion of the Court

Opinion for the court filed by Circuit Judge GARLAND.

GARLAND, Circuit Judge:

This case arises out of the kidnapping and murder of an American citizen in Lebanon between November 1984 and April 1986. Libya appeals from the denial of its motion to dismiss the case, arguing that sovereign immunity protects it from suit and that the plaintiff lacks a viable cause of action. We reject the first contention, concluding that the “terrorism exception” of the Foreign Sovereign Immunities Act *89(FSIA), 28 U.S.C. § 1605(a)(7), strips Libya of the shield of sovereign immunity. We decline to exercise…

2Cases cited41 opinions

  1. Steel Co. v. Citizens for a Better EnvironmentSupreme Court of the United States · 1998
  2. Cohen v. Beneficial Industrial Loan Corp.Supreme Court of the United States · 1949
  3. Lewis v. CaseySupreme Court of the United States · 1996
  4. Clinton v. JonesSupreme Court of the United States · 1997
  5. Duncan v. WalkerSupreme Court of the United States · 2001

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3Cited by193 opinions

  1. Mwani, Odilla Mutaka v. Bin Ladin, UsamaCourt of Appeals for the D.C. Circuit · 2005
  2. James Owens v. Republic of SudanCourt of Appeals for the D.C. Circuit · 2017
  3. O'Bryan v. Holy SeeCourt of Appeals for the Sixth Circuit · 2009
  4. Han Kim and Yong Seok Kim v. Democratic People's Republic of KoreaCourt of Appeals for the D.C. Circuit · 2014
  5. In Re Islamic Republic of Iran Terrorism LitigationDistrict Court, District of Columbia · 2009

188 more not listed; retrieve them via the Exa API.

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