# Al Shimari v. CACI International, Inc. > Court of Appeals for the Fourth Circuit · May 14, 2012 · 679 F.3d 205 URL: https://www.frixlaw.com/law-library/cases/9499951 ## Case - **Full name:** Suhail Najim Abdullah AL SHIMARI; Taha Yaseen Arraq Rashid; Sa’ad Hamza Hantoosh Al-Zuba’e; Salah Hasan Nusaif Jasim Al-Ejaili, Plaintiffs-Appellees, v. CACI INTERNATIONAL, INCORPORATED; CACI Premier Technology, Incorporated, Defendants-Appellants. Kellogg Brown & Root Services, Incorporated, Amicus Supporting Appellants, Professors of Civil Procedure and Federal Courts, Erwin Chemerinsky, Dean and Distinguished Professor of Law, University of California, Irvine School of Law, Eric M. Freedman, Maurice A. Deane, Distinguished Professor of Constitutional Law, Hofstra University School of Law, Jennifer M. Green, Director, Human Rights Litigation and International Advocacy Clinic, University of Minnesota Law School, Jonathan Hafetz, Associate Professor of Law, Seton Hall University School of Law, Alan B. Morrison, Lerner Family Associate Dean for Public Interest and Public Service Law, George Washington University School of Law, Stephen I. Vladeck, Professor of Law and Associate Dean for Scholarship, American University Washington College of Law; Retired Military Officers; Earthrights International; International Human Rights Organizations and Experts, Human Rights First, the Center for Victims of Torture, the International Commission of Jurists, the Working Group Established by the Commission on Human Rights on the Use of Mercenaries as a Means of Violating Human Rights and Impeding the Exercise of the Right of Peoples to Self-Determination, Human Rights Watch, Ilias Bantekas, John Cerone, Geoffrey Corn, David Glazier, Kevin Jon Heller, Michael Newton, Marco Sassoli, Gary Solis, Scott M. Sullivan, Dr. Anicee Van Engeland, Amici Supporting Appellees, United States of America, Amicus Curiae. Wissam Abdullateff Sa’eed Al-Quraishi, Plaintiff-Appellee, L-3 Services, Incorporated, Defendant-Appellant, and Adel Nakhla; CACI International, Incorporated; CACI Premier Technology, Incorporated, Defendants. Professors of Civil Procedure and Federal Courts, Erwin Chemerinsky, Dean and Distinguished Professor of Law, University of California, Irvine School of Law, Eric M. Freedman, Maurice A. Deane, Distinguished Professor of Constitutional Law, Hofstra University School of Law, Jennifer M. Green, Director, Human Rights Litigation and International Advocacy Clinic, University of Minnesota Law School, Jonathan Hafetz, Associate Professor of Law, Seton Hall University School of Law, Alan B. Morrison, Lerner Family Associate Dean for Public Interest and Public Service Law, George Washington University School of Law, Stephen I. Vladeck, Professor of Law and Associate Dean for Scholarship, American University Washington College of Law; Retired Military Officers; Earthrights International; International Human Rights Organizations and Experts, Human Rights First, the Center for Victims of Torture, the International Commission of Jurists, the Working Group Established by the Commission on Human Rights on the Use of Mercenaries as a Means of Violating Human Rights and Impeding the Exercise of the Right of Peoples to Self-Determination, Human Rights Watch, Ilias Bantekas, John Cerone, Geoffrey Corn, David Glazier, Kevin Jon Heller, Michael Newton, Marco Sassoli, Gary Solis, Scott M. Sullivan, Dr. Anicee Van Engeland, Amici Supporting Appellee, United States of America, Amicus Curiae. Wissam Abdullateff Sa’eed Al-Quraishi, Plaintiff-Appellee, v. Adel Nakhla, Defendant-Appellant, and L-3 Services, Incorporated; CACI International, Incorporated; CACI Premier Technology, Incorporated, Defendants. Professors of Civil Procedure and Federal Courts, Erwin Chemerinsky, Dean and Distinguished Professor of Law, University of California, Irvine School of Law, Eric M. Freedman, Maurice A. Deane, Distinguished Professor of Constitutional Law, Hofstra University School of Law, Jennifer M. Green, Director, Human Rights Litigation and International Advocacy Clinic, University of Minnesota Law School, Jonathan Hafetz, Associate Professor of Law, Seton Hall University School of Law, Alan B. Morrison, Lerner Family Associate Dean for Public Interest and Public Service Law, George Washington University School of Law, Stephen I. Vladeck, Professor of Law and Associate Dean for Scholarship, American University Washington College of Law; Retired Military Officers; Earthrights International; International Human Rights Organizations and Experts, Human Rights First, the Center for Victims of Torture, the International Commission of Jurists, the Working Group Established by the Commission on Human Rights on the Use of Mercenaries as a Means of Violating Human Rights and Impeding the Exercise of the Right of Peoples to Self-Determination, Human Rights Watch, Ilias Bantekas, John Cerone, Geoffrey Corn, David Glazier, Kevin Jon Heller, Michael Newton, Marco Sassoli, Gary Solis, Scott M. Sullivan, Dr. Anicee Van Engeland, Amici Supporting Appellee, United States of America, Amicus Curiae - **Court:** Court of Appeals for the Fourth Circuit - **Decided:** May 14, 2012 - **Citations:** 679 F.3d 205 - **Precedential status:** Published - **Opinion:** Concurrence by Duncan - **Judges:** Traxler, Wilkinson, Niemeyer, Motz, King, Gregory, Shedd, Duncan, Agee, Davis, Keenan, Wynn, Diaz, Floyd - **Cited by:** 44 later opinions in the Frix Law Library ## Citator (automated) - No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases. - Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9499951 ## How later opinions describe it (automated extraction) - stating that we have “jurisdiction over an appeal ... ‘if it challenge^] the materiality of factual issues,’ ” but “we lack jurisdiction if such an appeal ‘challenges the district court’s genuineness ruling — that genuine issues exist concerning material facts.’ ” (quoting Baz… - noting that the Court of Appeals may consider and rule on “an interlocutory appeal of a denial of immunity ... of... an ostensibly fact-bound issue that may be resolved as a matter of law as whether facts that are undisputed or viewed in a particular light are material to the … - rejecting existence of an independent basis for jurisdiction by virtue of the defendants asserting the “law-of-war defense” under Coleman v. Tennessee, 97 U.S. 509, 24 L.Ed. 1118 (1878), and Dow v. Johnson, 100 U.S. 158, 25 L.Ed. 632 (1879); preemption by the “combatant activi… ## Opinion text DUNCAN, Circuit Judge, concurring: I respect the majority’s well-reasoned opinion in this case and therefore fully concur in its conclusion that we lack jurisdiction to hear this appeal. I write separately only to express my hope that the district courts in these consolidated appeals will give due consideration to the appellant’s immunity and preemption arguments — especially in light of the Supreme Court’s recent opinion in Filarsky v. Delia, — U.S. —, 132 S.Ct. 1657 , 182 L.Ed.2d 662 (2012), as discussed in Judge Niemeyer’s dissent — which are far from lacking in force. Judge Agee has authorized me to indicate that he joins in this concurrence. --- Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9499951. Public record. Not legal advice.