9 results for 'cat:"Terrorism" AND cat:"Jurisdiction"'.
J. Halligan answers a certified question by finding that New York law allows personal jurisdiction to be extended when a successor entity entirely assumes a predecessor's assets and liabilities but the parties do not merge. Long-arm jurisdiction had been established over claims contending a foreign bank's U.S. transfers provided assistance to Hezbollah by financing terrorist rocket attacks that harmed U.S. citizens in Israel in 2006. Under the theory of successor jurisdiction, after another foreign bank purchased the assets and liabilities, it also took on the predecessor's specific personal jurisdiction in New York.
Court: New York Court Of Appeals, Judge: Halligan, Filed On: April 18, 2024, Case #: 29, Categories: Tort, terrorism, jurisdiction
J. Millett finds the district court should have dismissed a couple's claims arising from a terrorist attack at a bus stop in Jerusalem. District courts only have jurisdiction over extrajudicial killings committed or supported by state sponsors of terrorism; therefore, because no one, other than the attacker, was killed during the attack, the district court lacked jurisdiction. Vacated.
Court: DC Circuit, Judge: Millett, Filed On: March 8, 2024, Case #: 22-7058 , Categories: terrorism, jurisdiction
[Consolidated.] J. Koeltl finds that the district court properly dismissed claims brought against the Palestine Liberation Organization and the Palestinian Authority after a U.S. citizen had been killed in an overseas terrorist attack for lack of personal jurisdiction. The appeal relied on subsequent legislation that violated due process by requiring that the organizations consent to personal jurisdiction if they paid terrorists for deadly acts. Affirmed.
Court: 2nd Circuit, Judge: Koeltl, Filed On: September 8, 2023, Case #: 22-76-cv (L), Categories: terrorism, Due Process, jurisdiction
[Consolidated.] Per curiam, the circuit declines to recall a mandate dismissing claims brought against the Palestine Liberation Organization and the Palestinian Authority concerning U.S. citizens injured or killed in terrorist attacks in Israel. Jurisdiction was lacking, and new statute violated due process by attempting to establish "deemed consent" if either organization made payments to terrorists following any deadly attack.
Court: 2nd Circuit, Judge: Per curiam, Filed On: September 8, 2023, Case #: 15-3135-cv (L), Categories: terrorism, Due Process, jurisdiction
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J. Lynch finds that the district court improperly dismissed claims in which Americans injured in rocket attacks in Israel contend a bank provided material support to terrorists because the bank's withdrawal from the case following transfer from Washington, D.C., to New York left questions about whether the personal jurisdiction defense still applied. On remand, this issue should be weighed against whether the transfer resulted in a jurisdictional clean slate.
Court: 2nd Circuit, Judge: Lynch, Filed On: August 10, 2023, Case #: 22-1122-cv, Categories: Tort, terrorism, jurisdiction
J. Rao upholds the district court's dismissal of a family's action against Sudan in connection with a terrorist attack on their family. The Sudan Claims Resolution Act, which strips federal courts of jurisdiction to hear most terrorism-related claims, is not unconstitutional. Affirmed.
Court: DC Circuit, Judge: Rao, Filed On: July 21, 2023, Case #: 21-5250 , Categories: terrorism, jurisdiction
J. Walker finds that the district court improperly dismissed claims contending a bank provided financial services to terrorist groups that attacked Americans in Israel between 2001 and 2003. Personal jurisdiction was applicable under New York's long-arm statute because the Palestinian bank maintained U.S. dollar-denominated checking accounts for the groups through a Jordanian bank that had accounts at three New York City banks, which were repeatedly used to pay the families of terrorist "martyrs."
Court: 2nd Circuit, Judge: Walker, Filed On: June 16, 2023, Case #: 20-3849-cv, Categories: terrorism, jurisdiction, Banking / Lending