# 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/9499952 ## 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 Wynn - **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/9499952 ## 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 WYNN, Circuit Judge, concurring: I concur fully in the thoughtful and well-reasoned majority opinion in these cases. I write separately only to underscore the prudence of the majority’s restraint, which promotes both “efficient judicial administration” and “the prerogatives of district court judges, who play a special role in managing ongoing litigation.” Mohawk Indus., Inc. v. Carpenter, — U.S. —, 130 S.Ct. 599, 605 , 175 L.Ed.2d 458 (2009). With respect to the latter consideration, I feel compelled to reiterate the majority’s holding that our limited appellate role leaves us without jurisdiction at this stage of the litigation to consider the underlying merits of these appeals. Likewise, as noted in the majority opinion, “facts that might be material to the ultimate issue have [not yet] been conclusively identified” in these cases, which are on appeal from motions to dismiss. Ante at 223. Accordingly, today’s opinion offers no guidance to the district court on the underlying merits of these matters. To do otherwise would, in my opinion, potentially usurp the role of the district court or risk overstepping our own. See United States *225 v. Fruehauf, 365 U.S. 146, 157 , 81 S.Ct. 547 , 5 L.Ed.2d 476 (1961) (“Such [advisory] opinions, such advance expressions of legal judgment upon issues which remain unfocused because they are not pressed before the Court with that clear concreteness provided when a question emerges precisely framed and necessary for decision from a clash of adversary argument exploring every aspect of a multifaceted situation embracing conflicting and demanding interests, we have consistently refused to give.”). Further, to the extent that my colleagues, in separate opinions, offer their views on the underlying merits of these cases, those opinions, “by their nature[,] express views that are not the law.” Arar v. Ashcroft, 585 F.3d 559 , 581 n. 14 (2d Cir.2009) (en banc). --- Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9499952. Public record. Not legal advice.