Legal Opinion
Ministry of Defense and Support for Armed Forces of Islamic Republic of Iran v. Elahi
Supreme Court of the United States
Decided February 21, 2006No. 04-1095PublishedCited by 18 opinions
1Per curiam
A private citizen seeks to attach an asset belonging to Iran’s Ministry of Defense in order to help satisfy a judgment for money damages. The question raised is whether the Foreign Sovereign Immunities Act of 1976 (Act), 28 U. S. C. § 1602 et seq. (2000 ed. and Supp. Ill), forbids that attachment.
The judgment for money damages consists of a default judgment against the Islamic Republic of Iran (for about $300 million) that the private citizen, Dariush Elahi, obtained in a federal-court lawsuit claiming that the Republic had murdered his brother. Elahi v. Islamic Republic of Iran, 124 F. Supp.…
2Cases cited4 opinions
- Transaero, Inc. v. La Fuerza Aerea BolivianaCourt of Appeals for the D.C. Circuit · 1994
- Elahi v. Islamic Republic of IranDistrict Court, District of Columbia · 2000
- Ministry of Defense & Support for the Armed Forces of the Islamic Republic of Iran v. Cubic Defense Systems, Inc.District Court, S.D. California · 2002
- The Ministry of Defense and Support for the Armed Forces of the Islamic Republic of Iran, as Successor in Interest to the Ministry of War of the Government of Iran v. Cubic Defense Systems, Inc., as Successor in Interest to Cubic International Sales Corporation v. Stephen M. Flatow, Plaintiff-Intervenor-Appellant, and Dariush Elahi, Plaintiff-Intervenor. The Ministry of Defense and Support for the Armed Forces of the Islamic Republic of Iran, as Successor in Interest to the Ministry of War of the Government of Iran v. Cubic Defense Systems, Inc., as Successor in Interest to Cubic International Sales Corporation v. Stephen M. Flatow, Plaintiff-Intervenor-Appellant, and Dariush Elahi, Plaintiff-Intervenor. The Ministry of Defense and Support for the Armed Forces of the Islamic Republic of Iran, as Successor in Interest to the Ministry of War of the Government of Iran v. Cubic Defense Systems, Inc., as Successor in Interest to Cubic International Sales Corporation v. Stephen M. Flatow, Plaintiff-Intervenor, and Dariush Elahi, Plaintiff-Intervenor-AppelleeCourt of Appeals for the Ninth Circuit · 2004
3Cited by18 opinions
- Walters v. INDUSTRIAL AND COMMERCIAL BANK OF CHINACourt of Appeals for the Second Circuit · 2011
- Ministry of Defense & Support for the Armed Forces of the Islamic Republic of Iran v. Cubic Defense Systems, Inc.Court of Appeals for the Ninth Circuit · 2011
- Weininger v. CastroDistrict Court, S.D. New York · 2006
- Ministry of Defense and Support for Armed Forces of Islamic Republic of Iran v. ElahiSupreme Court of the United States · 2009
- Af-Cap Inc. v. Chevron Overseas (Congo) Ltd.Court of Appeals for the Ninth Circuit · 2007
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