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DOE v. BIN LADEN

Docket No. 09-4958-cv.

663 F.3d 64 (2011)

John DOE, in his capacity as the executor of the estate of Jane Doe, in his personal capacity, and as the personal representative of Jane Doe, Plaintiff-Appellee, v. Usama BIN LADEN, et al., Defendants, Islamic Emirate of Afghanistan, also known as Islamic State of Afghanistan, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided: November 7, 2011.

Attorney(s) appearing for the Case

Paul J. Orfanedes , Judicial Watch, Inc., Washington, D.C., for Plaintiff-Appellee.

Stanley McDermott, III , DLA Piper LLP ( David S. Wenger , on the brief), New York, NY, for Defendant-Appellant.

Before: KEARSE, CALABRESI, and WESLEY, Circuit Judges.

PER CURIAM.

Defendant-Appellant Afghanistan appeals from an order of the United States District Court for the District of Columbia denying without prejudice its motion to vacate entry of default and to dismiss the complaint. For the reasons explained below, we agree with the district court that Plaintiff-Appellee John Doe's suit is properly considered under the noncommercial tort exception to foreign sovereign immunity provided by 28 U.S.C. § 1605(a)(5). Because...

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