United States Ninth Circuit

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Bennett v. Bank Melli, 13-15442

In a motion by the national bank of the Islamic Republic of Iran, to dismiss claims filed against it in an action seeking enforcement pursuant to the Terrorism Risk Insurance Act and the Foreign Sovereign Immunities Act of terrorism-based judgments entered against Iran, in an underlying action in which creditors sought access to blocked Iranian assets held by other parties but owed to the bank, the district court's denial of the motion is affirmed where: 1) the TRIA and 28 U.S.C. section n1610(g) abrogate the asset immunity of all of a terrorist state's instrumentalities, including those that are not alter egos of the state; and 2) the bank was not an indispensable party that could not be joined under Federal Rule of Civil Procedure 19.

Appellate Information

  • Decided 08/26/2015
  • Published 08/26/2015

Judges

  • Kozinski

Court

  • United States Ninth Circuit

Counsel


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