Israel Matzav

US District Judge denies motion to dismiss claim against Arab Bank

In a move that could open the floodgates to thousands of lawsuits by terror victims against the Jordan-based Arab Bank, Judge Nina Gershon of the United States District Court for the Eastern District of New York on Monday denied a motion to dismiss the claims of terror victims against the bank under the Alien Tort Claims Act of 1789:

In a written decision in federal court in Brooklyn, U.S. District Judge Nina Gershon upheld a lawsuit filed under the Alien Tort Claims Act of 1789, which gives non-U.S. citizens access to courts to challenge violations of international laws or treaties.

"In light of the universal condemnation of organized and systematic suicide bombings and other murderous acts intended to intimidate or coerce a civilian population, this court finds that such conduct violates an established norm of international law," Gershon wrote. "The court further finds that the conduct alleged by plaintiffs is sufficiently specific and well-defined to be recognized as a claim under the (act)."

...

Though the judge dismissed portions of the suit, her ruling still allows thousands of suicide bombing victims and their families to seek unspecified damages, said a plaintiff lawyer, Michael Elsner.

"Today was an incredible victory for victims of suicide bombing attacks and other acts of violence in Israel and an important lesson to banks and private individuals that aid and abet acts of terrorism," he said. "They may be held civilly liable in the United States, even if those acts occur outside the United States."

Arab Bank spokeswoman Phyllis Cuttino called the ruling "disappointing because it is at odds" with a series of appeals court decisions dismissing similar claims.

The suit, filed in 2004, claims that Arab Bank aided terrorism by acting as the administrator of an "insurance plan" by the Saudi Committee in Support of the Intifada Al Quds, which paid $5,300 to the families of Palestinian bombers killed in attacks by Hamas, Islamic Jihad and Al Aqsa Martyrs' Brigades.

Arab Bank has insisted it had no intention of promoting terrorism and argued the plaintiffs could not link the bank's actions to their injuries or their relatives' deaths.

Maybe this will inspire some of the other terror-supporting banks in the world to pack up their shops and leave the United States.

posted by Carl in Jerusalem @ 12:51 AM