HOUSE_OVERSIGHT_017836.jpg
Extracted Text (OCR)
IN RE TERRORIST ATTACKS ON SEPTEMBER 11, 2001
771
Cite as 349 F.Supp.2d_ 765 (S.D.N.Y. 2005)
tirely on factual allegations, and would
prevail even if defendants made contrary
arguments. Fed.Rules _Civ.Proc.Rule
12(b)(2), 28 U.S.C.A.
35. Federal Courts <-96
In resolving motions to dismiss for
lack of personal jurisdiction, the district
court reads the complaints and affidavits
in a light most favorable to the plaintiffs.
Fed.Rules Civ.Proc.Rule 12(b)(2), 28
U.S.C.A.
36. Federal Courts <-96
In resolving a motion to dismiss for
lack of personal jurisdiction, the district
court will not accept legally conclusory
assertions or draw argumentative infer-
ences. Fed.Rules Civ.Proc.Rule 12(b)(2),
28 U.S.C.A.
37. Federal Courts €417
A federal court sitting in diversity ex-
ercises personal jurisdiction over a foreign
defendant to the same extent as courts of
general jurisdiction of the state in which it
sits. Fed.Rules Civ.Proc.Rule 4(k)(1)(A),
28 U.S.C.A.
38. Courts €12(2.20)
For New York’s long-arm statute to
provide a basis for personal jurisdiction in
a civil conspiracy action, the plaintiffs are
not required to establish the existence of a
formal agency relationship between the de-
fendants and their putative co-conspira-
tors. N.Y.McKinney’s CPLR 302(a)(@).
39. Courts €12(2.20)
The bland assertion of conspiracy is
insufficient to establish personal jurisdic-
tion under New York’s long-arm statute.
N.Y.McKinney’s CPLR 302(a)(2).
40. Courts €12(2.20)
To establish personal jurisdiction on a
conspiracy theory under New York’s long-
arm statute, the plaintiffs must make a
prima facie showing of conspiracy, allege
specific facts warranting the inference that
the defendant was a member of the con-
spiracy, and show that the defendant’s co-
conspirator committed a tort in New York.
N.Y.McKinney’s CPLR 302(a)(2).
41. Courts €12(2.20)
To warrant the inference that an out-
of-state defendant was a member of a con-
spiracy, as required for a court to exercise
personal jurisdiction under New York’s
long-arm statute on the basis of the acts of
co-conspirators in New York, plaintiffs
must show that: (1) the defendant had an
awareness of the effects in New York of its
activity; (2) the activity of the co-conspira-
tors in New York was to the benefit of the
out-of-state conspirators; and (8) the co-
conspirators acting in New York acted at
the direction or under the control or at the
request of or on behalf of the out-of-state
defendant. N.Y.McKinney’s CPLR
302(a)(2).
42. Federal Courts <=94, 96
Allegations by victims’ survivors, that
various defendants, including Saudi Ara-
bian Princes, conspired with al Qaeda ter-
rorists to perpetrate September 11, 2001
attacks, failed to make prima facie showing
necessary to establish personal jurisdiction
as to Antiterrorism Act (ATA) claims un-
der New York’s long-arm statute, absent
specific facts from which district court
could infer that defendants directed, con-
trolled, or requested al Qaeda to under-
take its terrorist activities, or specific alle-
gations of defendants’ knowledge of or
consent to those activities. 18 U.S.C.A.
§ 2331 et seq.; N.Y.McKinneys CPLR
302(a)(2).
43. Constitutional Law 3055)
Federal Courts €°76.5
For jurisdiction to exist under the
rule establishing personal jurisdiction in
any district court for cases arising under
HOUSE_OVERSIGHT_017836
Extracted Information
Document Details
| Filename | HOUSE_OVERSIGHT_017836.jpg |
| File Size | 0.0 KB |
| OCR Confidence | 85.0% |
| Has Readable Text | Yes |
| Text Length | 3,375 characters |
| Indexed | 2026-02-04T16:33:09.218513 |