Justia International Law Opinion Summaries
Articles Posted in Personal Injury
Fuld v. Palestine Liberation Organization
Plaintiffs, several family members of a United States citizen killed in an overseas terrorist attack, appealed from the district court’s judgment dismissing their claims against the Palestine Liberation Organization (“PLO”) and the Palestinian Authority (“PA”) for lack of personal jurisdiction. The Government, as intervenor in accordance with 28 U.S.C. Section 2403(a) and Federal Rule of Civil Procedure 5.1(c), also appealed from that judgment. On appeal, both Plaintiffs and the Government argued that the district court erred in finding unconstitutional the Promoting Security and Justice for Victims of Terrorism Act of 2019 (“PSJVTA”), the statute on which Plaintiffs relied to allege personal jurisdiction over Defendants.
The Second Circuit affirmed. The court explained that the PSJVTA specifically provides that the PLO and the PA “shall be deemed to have consented to personal jurisdiction” in any civil action pursuant to the Anti-Terrorism Act, 18 U.S.C. Section 2333, irrespective of “the date of the occurrence of the act of international terrorism” at issue, upon engaging in certain forms of post-enactment conduct, namely (1) making payments, directly or indirectly, to the designees or families of incarcerated or deceased terrorists, respectively, whose acts of terror injured or killed a United States national, or (2) undertaking any activities within the United States, subject to a handful of exceptions. Thus, the court concluded that the PSJVTA’s “deemed consent” provision is inconsistent with the dictates of the Fifth Amendment’s Due Process Clause. View "Fuld v. Palestine Liberation Organization" on Justia Law
Nicolas Valadez Rey v. General Motors, LLC
Plaintiff sustained a spinal injury during a rollover car accident in Mexico. Plaintiff, along with his wife (collectively, “Plaintiffs”) filed a claim for damages against General Motors, LLC (“GM”) on theories of strict liability, negligence, and loss of consortium. The district court applied the law of Coahuila, Mexico, under Missouri’s choice of law principles and granted GM’s motion for summary judgment. Plaintiffs appealed the district court’s choice of law decision.
The Eighth Circuit affirmed. The court explained that its conclusion in Azarax that the district court did not abuse its discretion by refusing to allow a party to rely on foreign law does not lead to the conclusion the district court abused its discretion here when it decided the opposite under different facts. Further, the court wrote that after considering the Section 6 factors and the parties’ arguments, it concluded Missouri’s relationship to this case does not overcome the presumption that the place of the injury—Coahuila, Mexico—is the place with the most significant relationship to the parties and occurrence. View "Nicolas Valadez Rey v. General Motors, LLC" on Justia Law
Kaplan v. Bank Saderat PLC
Appellants, American victims of terror attacks in Israel, appealed from the district court’s judgment dismissing their complaint for lack of in personam jurisdiction over Appellee Bank Saderat PLC, a bank associated with the Islamic Republic of Iran. Appellants challenged the district court’s conclusion that the Appellee’s default, which occurred just after the venue was transferred from the United States District Court for the District of Columbia to the Eastern District of New York, did not forfeit its objection to personal jurisdiction in New York.
The Second Circuit concluded that the district court’s judgment relied on the erroneous factual finding that the Appellee had successfully challenged personal jurisdiction in the District of Columbia before the case was transferred to New York. The court explained that the district court premised its legal conclusion – that this case was distinguishable from Mickalis Pawn Shop – on the incorrect factual finding that BSPLC’s pre-transfer, pre-default personal jurisdiction challenge in the District of Columbia was successful. The record demonstrates that BSPLC achieved no such victory. It was, therefore clear error for the district court to find otherwise and to rely on that fact for the purpose of distinguishing BSPLC’s conduct from that of the defendants in Mickalis Pawn Shop. View "Kaplan v. Bank Saderat PLC" on Justia Law
DOE I, ET AL V. CISCO SYSTEMS, INC., ET AL
Plaintiffs are practitioners of Falun Gong, a religion originating in China in the 1990s. They allege that they or family members are victims of human rights abuses committed by the Chinese Communist Party and Chinese government officials. The alleged abuses, Plaintiffs contend, were enabled by the technological assistance of Defendants, U.S. corporation Cisco Systems, Inc., and two Cisco executives (collectively, “Cisco”). Plaintiffs initiated this lawsuit more than a decade ago, alleging that Cisco aided and abetted or conspired with Chinese officials in violation of the Alien Tort Statute (“ATS”), the Torture Victim Protection Act of 1991 (“TVPA”), and other federal and state laws. The district court dismissed Plaintiffs’ claims under the ATS, ruling that Plaintiffs did not allege conduct sufficient to satisfy the standard for aiding and abetting liability.
The Ninth Circuit affirmed the district court’s dismissal of Plaintiffs’ claims under the Alien Tort Statute against the Cisco executives; reversed the dismissal of Plaintiffs’ Alien Tort Statute claims against corporate defendant Cisco; reversed the dismissal of one Plaintiff’s claims under the Torture Victim Protection Act against the Cisco executives; and remanded for further proceedings. The panel held that under Nestle USA, Inc. v. Doe, 141 S. Ct. 1931 (2021), corporations may be held liable under the ATS. The panel held that Plaintiffs’ allegations against Cisco were sufficient to meet the applicable aiding and abetting standard. Recognizing that the ATS does not apply extraterritorially, the panel held that this case involved a permissible domestic application of the ATS against Cisco because much of the corporation’s alleged conduct constituting aiding and abetting occurred in the United States. View "DOE I, ET AL V. CISCO SYSTEMS, INC., ET AL" on Justia Law
Mary Ofisi v. BNP Paribas, S.A.
Appellants are survivors and family members of victims of the 1998 U.S. embassy attacks in Kenya and Tanzania. They bring suit against Appellee BNP Paribas, S.A. (“BNPP”), an international bank, alleging the bank acted in support of the terrorists who committed those attacks. The district court granted Appellee’s motion to dismiss under Rule 12(b)(6).
The DC Circuit affirmed the district court’s dismissal of Appellants’ Section 2339A(a) ATA claim using the exact words the court did in Owens: “Plaintiffs’ complaint fails to plausibly allege that any currency processed by BNPP for Sudan was either in fact sent to al Qaeda or necessary for Sudan to fund the embassy bombings. Therefore, Plaintiffs fail to adequately allege that they were injured ‘by reason of’ BNPP’s acts and cannot state a claim for relief based on a theory of primary liability under the ATA.” Here, Appellants do not plausibly allege that any money passed from BNPP’s financial support of Sudan to al-Qaeda in preparation for the embassy bombings. View "Mary Ofisi v. BNP Paribas, S.A." on Justia Law
Keren Kayemeth Leisrael – Jewish National Fund v. Education for a Just Peace in the Middle East
Appellants are victims of terrorist attacks allegedly perpetrated by the Islamic Resistance Movement, colloquially known as “Hamas.” Appellants assert that Hamas and affiliated groups are responsible for launching incendiary devices from the Gaza Strip into areas of Israel where appellants live and own property, causing substantial damage and emotional harm. They sued an American nonprofit corporation — Education for a Just Peace in the Middle East, doing business as the U.S. Campaign for Palestinian Rights (“USCPR”) — under the Anti-Terrorism Act (“ATA”), alleging that USCPR aided and abetted and provided material support to Hamas. The district court dismissed the Complaint, holding that Appellants failed to allege sufficient links between Hamas and USCPR to hold USCPR liable for any acts of terrorism.
The DC Circuit affirmed. The court concluded that the district court properly dismissed Appellants’ direct liability and aiding-and-abetting claims under the ATA. The Complaint does not adequately plead that USCPR provided funds to Hamas or otherwise aided or abetted Hamas. The court explained that Appellants’ attempt to establish aiding-and-abetting liability fails at every turn. First, although appellants claim that USCPR aided and abetted Hamas, appellants do not adequately allege that Hamas “perform[ed] a wrongful act that caused an injury.” Second, there are no facts from which we can infer that USCPR was “generally aware” that its role of providing funds to the Boycott National Committee was “part of an overall illegal or tortious activity.” Finally, the court discerned no non-conclusory factual allegations that USCPR “knowingly and substantially assisted” any incendiary launches. View "Keren Kayemeth Leisrael - Jewish National Fund v. Education for a Just Peace in the Middle East" on Justia Law
Ganpat v. Eastern Pacific Shipping
Plaintiff, a citizen of India, worked as a crew member on the Stargate, a merchant ship managed by the Singapore-based shipping company Eastern Pacific. Plaintiff brought suit against Eastern Pacific in the Eastern District of Louisiana, alleging tort claims under the Jones Act and general maritime law, as well as contract claims arising from a collective bargaining agreement. In March 2020—after Plaintiff brought his complaint and Eastern Pacific consented to federal court jurisdiction, but before Plaintiff perfected service—Eastern Pacific sued Plaintiff in Goa, India. In the Indian suit, Eastern Pacific sought an anti-suit injunction to prevent Plaintiff from litigating in American court. Plaintiff sought an anti-suit injunction to prohibit Eastern Pacific from prosecuting its Indian suit against him. Finding the Indian litigation vexatious and oppressive and determining that it need not show comity to the Indian court that had attempted to enjoin the American suit, the district court granted the injunction in favor of Plaintiff. Eastern Pacific appealed the district court’s grant of the anti-suit injunction.
The Fifth Circuit affirmed, holding that there is no basis to conclude that the district court abused its discretion in granting the anti-suit injunction. The court reasoned that the district court was well within its discretion to conclude that the vexatiousness of the Indian litigation outweighed any comity concerns. View "Ganpat v. Eastern Pacific Shipping" on Justia Law
Lelchook v. Société Générale de Banque au Liban SAL
Plaintiffs are 21 U.S. citizens who were harmed, and the estate and family members of a U.S. citizen who was killed in rocket attacks carried out in Israel in 2006 by the terrorist organization Hizbollah. Plaintiffs alleged that the Lebanese Canadian Bank (“LCB”) provided extensive financial assistance to Hizbollah in the years leading up to the attacks. In 2011, Defendant Société Générale de Banque au Liban SAL (“SGBL”) acquired all of LCB’s assets and liabilities in a transaction conducted under the laws of Lebanon. Plaintiffs sued for damages under the Anti-Terrorism Act of 1990 and sought to hold SGBL liable as LCB’s successor. The district court dismissed the complaint, concluding that SGBL did not inherit LCB’s status for purposes of personal jurisdiction when it acquired LCB’s assets and liabilities.
The Second Circuit concluded that Plaintiffs’ successor-jurisdiction theory raises an important and unresolved issue under New York law. Accordingly, the court certified the following two questions to the New York Court of Appeals:1. Under New York law, does an entity that acquires all of another entity’s liabilities and assets, but does not merge with that entity, inherit the acquired entity’s status for purposes of specific personal jurisdiction?
2. In what circumstances will the acquiring entity be subject to specific personal jurisdiction in New York? View "Lelchook v. Société Générale de Banque au Liban SAL" on Justia Law
Freeman v. HSBC Holdings PLC
Plaintiffs are U.S. service members wounded in terrorist attacks in Iraq and the families and estates of service members killed in such attacks. They appealed from the dismissal of their claims under the Antiterrorism Act (the “ATA”) as amended by the Justice Against Sponsors of Terrorism Act (the “JASTA”), against various financial institutions in the United States and abroad (the “Banks”). As relevant to this appeal, Plaintiffs alleged that the Banks conspired with and aided and abetted Iranian entities to circumvent sanctions imposed by the United States and channel funds to terrorist groups that killed or injured U.S. service members. The district court dismissed Plaintiffs’ JASTA conspiracy claims primarily because Plaintiffs failed to plausibly plead a direct connection between the Banks and the terrorist groups. The district court also declined to consider Plaintiffs’ JASTA aiding-and-abetting claims because they were raised for the first time in Plaintiffs’ motion for reconsideration.
The Second Circuit explained that while it disagreed with the district court’s primary reason for dismissing Plaintiffs’ JASTA conspiracy claims, it affirmed the district court’s judgment because Plaintiffs failed to adequately allege that the Banks conspired – either directly or indirectly – with the terrorist groups, or that the terrorist attacks that killed or injured the service members were in furtherance of the alleged conspiracy to circumvent U.S. sanctions. The court agreed with the district court that Plaintiffs forfeited their JASTA aiding-and-abetting claims by raising them for the first time in a motion for reconsideration. View "Freeman v. HSBC Holdings PLC" on Justia Law
Badar v. Swissport USA, Inc.
Pakistan International Airlines (“PIA”) failed to transport the body of N.B. to Pakistan for burial due to a miscommunication by employees of Swissport USA, PIA’s cargo loading agent. N.B.’s family members sued PIA and Swissport in New York state court under state law; PIA removed the action to the district court. Following cross-motions for summary judgment and an evidentiary hearing, the district court held that Plaintiffs’ claims are preempted by the Montreal Convention and dismissed the suit. On appeal, Plaintiffs argued that the Montreal Convention, which preempts state-law claims arising from delayed cargo, does not apply because human remains are not “cargo” for purposes of the Montreal Convention and because their particular claims are not for “delay.”
The Second Circuit affirmed. The court explained that human remains are cargo for purposes of the Montreal Convention; and on the facts found by the district court, the claims arise from delay. The claims are therefore preempted by the Montreal Convention. The court further wrote that it was Plaintiffs who cut off PIA’s ability to perform under the terms of the waybill. That decision was understandable given the need to bury N.B. quickly, and it cannot be doubted that Plaintiffs found themselves in a hard situation. But their only recourse against PIA and Swissport was a claim under the Montreal Convention, a claim which they have consistently declined to assert. View "Badar v. Swissport USA, Inc." on Justia Law