Hamas Terrorist Attack Lawsuit

On October 7, 2023, the Hamas terrorist organization waged the deadliest attack on Israel in its history, murdering more than 1,200 men, women and children, injuring thousands, and taking over 200 civilians hostage. 

Terrorists attacked music festivals, public spaces and Israeli military installations, including the headquarters of the Israel Defense Forces (IDF) Gaza Division.

U.S. law allows citizens and their families who are impacted by international terrorism to sue private entities and state sponsors of terrorism. This allows people to file lawsuits against both the parties responsible for the attacks and those responsible for financing the attacks. Credible information links financial support from Iran to the terror attack launched by Hamas on October 7, 2023.

The U.S. State Department, in its 2020 Country Reports on Terrorism, reported that Iran “provides up to $100 million annually in combined support to Palestinian terrorist groups, including Hamas, Palestine Islamic Jihad, and the Popular Front.”

Documents recently seized in Gaza also connect senior Hamas leader Yahya Sinwar to secret payments from Iran’s Islamic Revolutionary Guard Corps (IRGC). The corps’ Qods Force (IRGC-QF), often called part of an “Axis of Resistance,” is accused of providing material support to terrorist organizations to destabilize the Middle East. Iran has acknowledged the role of the IRGC-QF in conflicts in Iraq and Syria.

The October 7 victims of Hamas and their families are suing in the U.S. District Court for the District of Columbia. The lawsuit is designated Case No. 24-cv-3244. 

Who are the defendants in the Hamas lawsuits?

The lawsuits name the Islamic Republic of Iran, IRGC IRGC-QF as the Iran Defendants in the lawsuit. The lawsuits also include entities collectively known as the FTO (Foreign Terrorist Organization) Defendants:

• Harakat al-Muqawama al-Islamiya (aka Hamas)
• Palestinian Islamic Jihad
• Hezbollah
• Popular Front for the Liberation of Palestine

Who can bring a claim? 

• U.S. nationals
  • U.S. nationals who were victims
  • Family members of U.S. nationals who were killed, regardless of their nationality
• U.S. service members
• U.S. government contractors

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

There are several pieces of legislation that may come into play in a Hamas terrorist lawsuit, including:

• U.S. Foreign Sovereign Immunities Act (FSIA)
• U.S. Victims of State Sponsored Terrorism Fund (USVSST Fund)
• Anti-Terrorism Act (ATA)

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” and is found at 28 U.S.C. § 1605A(c). The list of designated state sponsors of terrorism currently includes the Islamic Republic of Iran, the Syrian Arab Republic, the Democratic People’s Republic of Korea (North Korea), and Cuba.

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. 

If a monetary judgment is entered by the court against a designated state sponsor of terrorism, 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 provide one method of compensation for our clients’ losses.

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. In addition, as was the case with our November 17, 2024, filed complaint, we are pursuing claims against the various Foreign Terrorist Organizations (FTOs) that were involved in these attacks. They include Hamas, the Palestinian Islamic Jihad, Hezbollah, and the Popular Front for the Liberation of Palestine.

While Binance Holdings Ltd. may be a viable defendant in an ATA action going forward, our investigation continues into other sources of funding for the various FTOs involved in the October 7 attacks to determine additional defendants against whom claims may be brought in federal court in the United States to try and cut off the funding mechanisms used by these FTOs. 

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

Similar to cases under the FSIA, Anti-Terrorism Act cases are quite time-consuming, but we are dedicated to our clients to see litigation through to the end.  It is not uncommon for private entities and individuals sued under the Anti-Terrorism Act to engage in a stout defense through large law firms in the United States which serves to elongate the time that anti-terrorism cases can take to reach trial assuming they have not been dismissed prior to that time or settled in advance of trial.

Motley Rice has experience representing terror-victim clients in cases that have lasted over a decade, demonstrating our commitment towards the betterment of our clients. These cases include our decades-long pursuit of justice on behalf of thousands of victims and family members of the terrorist attacks on September 11, 2001 and our representation of American victims of terrorist attacks in Israel against Arab Bank plc, the largest financial institution in Jordan.

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) 

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