Galustian v. Peter
2010 U.S. Dist. LEXIS 121175
E.D. Va.2010Background
- Galustian sues Peter and Holly for defamation, conspiracy, and related claims arising from a fraudulent Iraqi warrant circulated to PSCAI members.
- Holly is a California resident; Peter is in Iraq/Virginia litigation context; Fourth Circuit remanded to address forum non conveniens after Holly’s addition as a defendant.
- Holly moved to dismiss for lack of personal jurisdiction, insufficient service, and other defenses; Peter sought to drop Holly and to dismiss on forum non conveniens or failure to state a claim.
- The court previously dismissed for forum non conveniens (Iraq) but the Fourth Circuit allowed amendment to include Holly; remand directed evaluation of jurisdiction and forum under current posture.
- The court ultimately grants Holly’s dismissal for lack of personal jurisdiction, denies Galustian’s discovery/evidentiary motions, and grants Peter’s dismissal for forum non conveniens, dismissing the action without prejudice to refile in Iraq.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Personal jurisdiction over Holly | Galustian argues Holly’s involvement in the conspiracy exposes him to Virginia jurisdiction. | Holly lacked purposeful contacts with Virginia; conspiracy via Iraq does not establish contact. | Lacks personal jurisdiction; Holly’s motion to dismiss granted. |
| Order 17 immunity for Peter | Requests an evidentiary hearing to determine immunity status under Order 17. | Peter already provided State Department evidence showing no immunity; no hearing needed. | Peter not entitled to Order 17 immunity; motions denied. |
| Forum non conveniens - availability and adequacy of Iraqi forum | Iraq available and adequate for defamation claims; private/public factors could favor U.S. forum. | Iraq is adequate/available; dismissal appropriate given factors and Peter’s Virginia ties. | Iraq is available and adequate; forum non conveniens granted; case dismissed without prejudice to refile in Iraq. |
| Overall forum non conveniens balance | Private/public factors may not favor dismissal given plaintiff’s interests in forum. | Public and private factors weigh in favor of Iraq, considering witnesses, location, and law. | Balancing supports dismissal; weightier factors favor Iraq. |
Key Cases Cited
- Consulting Eng'rs Corp. v. Geometric Ltd., 561 F.3d 273 (4th Cir. 2009) (effects test and personal jurisdiction considerations in conspiracy contexts)
- Piper Aircraft Co. v. Reyno, 454 U.S. 235 (U.S. 1981) (forum non conveniens burden and availability/adequacy of foreign forum; avoid exhaustive analysis)
- Gulf Oil Corp. v. Gilbert, 330 U.S. 501 (U.S. 1947) (private/public factors in forum non conveniens balancing)
- Burger King Corp. v. Rudzewicz, 471 U.S. 462 (U.S. 1985) (purposeful availment and individual contacts requirement)
- Calder v. Jones, 465 U.S. 783 (U.S. 1984) (effects test and where the harm is felt for defamation cases)