New York federal judge ruled remaining claims will be allowed to proceed under the Anti-Terrorism Act
MT. PLEASANT, SC – Wednesday, U.S. District Judge Nina Gershon ruled that the case against Arab Bank plc for its alleged involvement in financing terrorist activity will be allowed to proceed to a trial by jury. Ruling from the bench, Judge Gershon largely denied the motion for summary judgment that Arab Bank filed requesting that the court throw out the case. The judge ruled that the plaintiffs’ claims under the Anti-Terrorism Act (ATA) will be allowed to move forward. She did, however, dismiss aiding and abetting claims brought by the plaintiffs under the ATA.
“This litigation has been ongoing for nearly a decade, and this development will bring us one step closer to obtaining justice for our American clients who we allege were victims of terrorism that Arab Bank helped fund,” said Motley Rice human rights attorney Michael Elsner, who represents plaintiffs in the case.
Motley Rice represents dozens of American survivors and family members of those hurt or killed by terrorist bombings committed by the Palestinian group, Hamas, and other terrorist organizations in Israel. The plaintiffs allege, among other things, that Arab Bank knowingly and systematically provided financial support, through a terrorist death-and-dismemberment insurance scheme, to the families of terrorists who were killed, injured or incarcerated as a result of their terrorist acts—thereby providing an incentive for future bombers to carry out their attacks against innocent civilians within Israel with “martyr payments.” Motley Rice asserted claims on behalf of families of U.S. citizens killed or injured in suicide bombings in Israel, as well as foreign plaintiffs, under the Alien Tort Statute.
“Learning that we are getting our day in court is both rewarding and redeeming, almost ten years to the date of the attack,” said Motley Rice client Joshua Faudem, who was injured in the Mike’s Place suicide bombing attack in Tel Aviv, Israel, on April 30, 2003. “In my opinion, the tactics used by the bank and their lawyers have been tiring, but at the end of the day, the victims are dedicated to moving forward. Arab Bank cannot just wash its hands of us.”
The trial date has not been set, but it is expected to start this fall. The case is Linde et al. v. Arab Bank PLC, No. 1:04-cv-02799 (E.D.N.Y.).
About Motley Rice LLC
Motley Rice is one of the nation’s largest plaintiffs’ litigation firms. With a tradition of representing those whose rights have been violated, Motley Rice attorneys gained recognition for their pioneering asbestos lawsuits, their work with the State Attorneys General in the landmark litigation against Big Tobacco and their representation of 9/11 victims, families and survivors in the ongoing lawsuit against terrorist financiers. Motley Rice is headquartered in Mt. Pleasant, S.C., and has additional offices in California; Connecticut; Louisiana; Washington, D.C.; New York; Rhode Island and West Virginia. For more information about Motley Rice LLC contact Motley Rice member Michael Elsner (NY, SC, VA) at 1.800.768.4026. Connect with us on Facebook, LinkedIn and Twitter.