Legal Opinion · Dissent
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
Decided July 17, 2007No. 03-55015Published
1DissentFisher, Circuit Judge
When Dariush Elahi applied for and accepted $2.3 million from the United States Treasury under the Terrorism Risk Insurance Act of 2002 (TRIA), he relinquished the right to attach property at issue in claims against the United States before an international tribunal. See Pub.L. No. 107-297, § 201(d)(5)(B), 116 Stat. 2322, 2339. Iran’s Ministry of Defense (MOD), and the United States as amicus curiae, argue that Elahi has relinquished his right to attach the Cubic judgment because it is “at issue” in Iran’s Case B/61 before the United States-Iran Claims Tribunal.1 I agree.
Case B/61 involves…
2Cases cited9 opinions
- Robinson v. Shell Oil Co.Supreme Court of the United States · 1997
- Securities and Exchange Commission v. Kevin Michael McCarthy Thomas William BlodgettCourt of Appeals for the Ninth Circuit · 2003
- Carson Harbor Village, Ltd. v. Unocal Corp.Court of Appeals for the Ninth Circuit · 2000
- Af-Cap Inc. v. Chevron Overseas (Congo) Ltd.Court of Appeals for the Ninth Circuit · 2007
- Hegna v. Islamic Republic of IranCourt of Appeals for the Fifth Circuit · 2004
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