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In re Terrorist Attacks on September 11, 2001, 392 F.Supp.2d 539 (2005) 10 A.L.R. Fed. 2d 789 [9] [10] [11] 3 Cases that cite this headnote International Law @Extent and effect of immunity Under the Foreign Sovereign Immunities Act’s (FSIA) discretionary function exception, acts which are performed at the planning level of government, as opposed to those at the operational level, are entitled to immunity. 28 ULS.C.A. § 1605(a)(5). Cases that cite this headnote International Law @ Extent and effect of immunity Relief agency established by government of Saudi Arabia was entitled to immunity, under discretionary function exception to Foreign Sovereign Immunities Act (FSIA), in action alleging it had provided funding for terrorist organization responsible for September 11th attacks; agency’s decisions regarding the distribution of humanitarian relief funds were within the discretion of its chairman and his advisors and were guided by government policies. 28 U.S.C.A. § 1605(a)(5). 1 Cases that cite this headnote International Law Extent and effect of immunity Chairman of relief agency established by government of Saudi Arabia, and Saudi Minister of Interior, were entitled to immunity, under discretionary function exception to Foreign Sovereign Immunities Act (FSIA), in action alleging their decisions regarding distribution of humanitarian relief funds provided support for terrorist organization responsible for September 11th attacks; allegations stemmed from officials’ discretionary functions inasmuch as __ their WESTLAW [12] [13] [14] decisions were grounded in government’s social, economic, and political policy. 28 U.S.C.A. § 1605(a)(5). 5 Cases that cite this headnote Federal Courts ¢Presumptions and burden of proof In considering a motion to dismiss for lack of personal jurisdiction, court reviews the complaints and affidavits in the light most favorable to plaintiffs, but does not accept conclusory allegations or draw argumentative inferences. Fed.Rules Civ.Proc.Rule 12(b)(2), 28 ULS.C.A. 8 Cases that cite this headnote Constitutional Law Non-residents in general Federal Courts Contacts with United States as a whole; nationwide jurisdiction For jurisdiction to exist under rule establishing personal jurisdiction m any district court for cases arising under federal law where defendant has sufficient contacts with the United States as a whole but is not subject to jurisdiction in any particular state, there must be a federal claim, personal jurisdiction must not exist over defendant in any state, and defendant must have sufficient contacts with the U.S. as a whole such that the exercise of jurisdiction does not violate Fifth Amendment due process. U.S.C.A. Const.Amend. 5; Fed.Rules Civ.Proc.Rule 4(k)(2), 28 U.S.C.A. 3 Cases that cite this headnote Courts Allegations, pleadings, and affidavits HOUSE_OVERSIGHT_017906