Israel Matzav

Thursday, July 07, 2011

US judge 'undefaults' the PLO, reopens lawsuit to contest

US Federal judge Richard Leon has vacated a default judgment issued against the PLO, and will allow them to contest a lawsuit arising out of a February 2002 suicide bombing at a pizza shop in Karnei Shomron. The PLO had ignored the lawsuit during the three years before the default judgment was entered.

This is something you don't see every day. In April 2005, after the defendants essentially stopped responding, a federal court issued a default judgment in favor of the victims of a February 2002 suicide bombing in the West Bank village of Karnei Shomron. Two American teenagers died in the bombing of the pizza parlor, and many others were injured.

The victims and family members sued Syria as well as the Palestinian Liberation Organization and Palestinian Authority and others. By defaulting, the Palestinian organizations faced a judgment potentially exceeding $300 million. Now, though, they want a chance to contest the lawsuit.

In a decision made public Tuesday, U.S. District Judge Richard Leon said that though "the default was wilfull at the time, (the Palestinian organizations) clearly demonstrated their commitment to engaging in this litigation." Moreover, Leon noted, imposing a massive liability "on a struggling government, even if that government is not a recognized state, is not something this court takes lightly."

Since when is THAT a factor to be taken into account? And to vacate a default judgment SIX YEARS after the fact!?!

The problem is that I'm not even sure this order is appealable. I think they have to go to trial and bring it up on appeal. Simply outrageous!

The picture is of 15-year old Keren Shatsky HY"D (may God avenge her blood). She was one of three teenagers who died in the bombing, and she was an American citizen. I assume her parents are among the plaintiffs.

I remember that bombing well - it was the night before son #4 child #7's circumcision, and I remember listening to the reports on the radio as I drove out to the mother and child convalescent home to pick up my wife and son.

Labels: default judgment, Karnei Shomron, Palestinian terrorism, PLO, Richard Leon