Hamas Terrorist Attack Lawsuit

What happened in the Hamas terrorist attack on Israel?

On October 7, 2023, the Hamas terrorist organization waged the deadliest attack on Israel in its history, murdering over 1200 men, women and children, injuring thousands, and taking over 200 civilians hostage.

What to do if someone you know was affected by the October 7th attacks

We believe that the innocent victims of terrorist attacks and their families should be afforded every right to hold the responsible parties accountable for their actions.

U.S. terrorism laws may allow Hamas and its financiers to be held accountable

If you have a loved one who was harmed in the October 7th attacks on Israel, you may be able to file a lawsuit against Hamas and any other responsible foreign parties.

Who can bring a claim? 

• U.S. Nationals
  • U.S. nationals that are victims
  • Family members of U.S. nationals who were killed, regardless of their nationality
• U.S. Servicemembers
• U.S. Government Contractors

The terrorism exception of the U.S. Foreign Sovereign Immunities Act

Under the Foreign Sovereign Immunities Act (FSIA) a United States national can bring a lawsuit in U.S. court against a designated state sponsor of terrorism. This is known as the “terrorism exception” found in FSIA code 28 U.S.C. § 1605A(c). This includes Hamas, the Islamic Republic of Iran and the Syrian Arab Republic.

A U.S. national may bring a lawsuit under the FSIA  “for personal injury or death caused by [an act of torture, extrajudicial killing, aircraft sabotage, hostage taking, or the provision of material support or resources for such an act by]that foreign state….”

How long does litigation under FSIA take?

On behalf of eligible plaintiffs, Motley Rice files lawsuits against the designated state sponsor of terrorism – the defendant. The defendant will be notified that a lawsuit was filed against them in U.S. courts, which can take up to 1 year. Once notified, the defendant must then respond within 60 days. 

A defendant who does not respond to this notice can be held in default. To obtain a default judgment against the defendant, we must provide evidence to the court showing that the defendant was involved in supporting Hamas for the October 7, 2023, attacks. 

The court can take some time reviewing the evidence before deciding whether to grant a default judgment. Upon obtaining a default judgment, we must then provide evidence to the court supporting the amount of monetary damages each Plaintiff seeks. 

We understand this is an extensive process, but we are determined to fight alongside our clients for as long as it takes. 

The U.S. Victims of State Sponsored Terrorism fund (USVSST) 

If a monetary judgment is entered by the court, it is possible to file a claim with the U.S. Victims of State Sponsored Terrorism Fund. This fund was created by Congress and is administered by the U.S. Department of Justice. 

It may be one way for the families of American citizens killed in Israel to get compensation for their losses.

Can I sue private entities under the Anti-Terrorism Act?

Yes. Under the Anti-Terrorism Act (ATA), an injured United States national or their survivors, heirs, or estates if they were killed by international terrorism can sue private entities. This includes financial institutions or cryptocurrency exchanges. 

Specific to the October 7th attacks, Binance Holdings Ltd., the driver of the world’s largest cryptocurrency exchange, allegedly helped facilitate and allowed the funneling of funds to Hamas. Recently, the company resolved criminal charges brought by the U.S. government that it willfully violated federal law. The law required it to guard against money laundering and terrorist financing. However, Binance Holdings allowed Hamas, Al Qaeda, Palestinian Islamic Jihad and the Islamic State of Iraq and Syria to receive funds. 

The company agreed to pay $4.3 billion in fines for its wrongdoing and to end the years-long investigation of it. This is only the tip of the iceberg. 

How long does suing private entities under the Anti-Terrorism Act take?

Similarly to cases under the FSIA, Antiterrorism Act cases are quite time-consuming, but we are dedicated to our clients to see litigation through to the end. 

Motley Rice has experience representing clients in cases that have lasted over a decade, demonstrating our commitment towards the betterment of our clients.

How do I cope with the psychological aftermath?

The negative psychological and physical impact that victims and family members of victims of terrorist attacks face can be substantial.

For information on effects and practical coping methods:

• Office for Victims of Crime (OVC) – U.S. Department of Justice
  • The OVC Handbook for Coping After Terrorism: A Guide to Healing and Recovery

For information on how to cope as a family member of a victim: 

• Managing Distress – Grounding Tips for Crime Victims, Survivors and Family Members of Mass Violence Incidents (MVIs) 

Resources from the federal government

• U.S. Victims of Terrorism Abroad Task Force
• Department of State’s Overseas Citizens Services:
  • From the U.S. & Canada: 1-888-407-4747
  • From Overseas: +1 202-501-4444

For more information, please contact Motley Rice attorney Jodi Westbrook Flowers or Michael Elsner by email or by calling 1-800-768-4026.  

Our experience with terrorism cases

Our attorneys have worked for decades to support families and survivors of terrorism on U.S. soil and abroad. Our work is largely facilitated by the Anti-Terrorism Act (ATA), a law that allows U.S. victims to sue terrorists and their financial and material supporters in U.S. federal court. 

In Linde et al. v. Arab Bank PLC, our anti-terrorism team sued Arab Bank for nearly 40 U.S. victims of bombings in Israel and Palestinian Territories who alleged the bank’s financing of Hamas and other terrorist groups enabled the attacks. The case marked the first time that a financial institution had been brought to trial under the ATA and resulted in a confidential settlement. 

In addition, Motley Rice has helped victims of terrorism including:

• 9/11 terrorist attacks
• International hotel bombings
• Roadside bombs

Learn more about our work for terror victims