Stansell, et al v. Mercurio International S.A., et al

Plaintiffs sought damages for terrorist acts committed while they were held hostage in the jungles of Columbia. Plaintiffs suffered repeated acts of international terrorism at the hands of the Revolutionary Armed Forces of Columbia (FARC). In an effort to collect their default judgment against FARC, plaintiffs filed a motion for a Writ of Garnishment in the district court against Mercurio's frozen assets. At issue was whether assets frozen pursuant only to the Foreign Narcotics Kingpin Designation Act, 21 U.S.C. 1901 et seq., qualified as "blocked assets" under the Terrorism Risk Insurance Act of 2002 (Terrorism Act), Pub. L. No. 107-297, 116 Stat. 2322. Under the plain language of the statute, the court held that such assets were not "blocked assets" and thus, the district court's judgment in favor of plaintiffs relied on an erroneous interpretation of the Terrorism Act. Accordingly, the court reversed and remanded. View "Stansell, et al v. Mercurio International S.A., et al" on Justia Law