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10 May 2016

Adam Klasfeld, Courthouse News (USA)

US federal court declines to rehear lawsuit against Arab Bank over alleged complicity in terrorist activities against Israelis

"Divided Circuit Won't Rehear Arab Bank Suit", 9 May 2016

Some judges may dislike it, but they must "swallow hard" and accept that precedent prevents victims of suicide bombings in Israel from suing Arab Bank, a Second Circuit majority said Monday. The families who brought the lawsuits went to court in the United States shortly after a spate of attacks against Israeli civilians between 2000 and 2004 known as the second intifada...[T]he relatives of foreign citizens killed in the attacks have struggled to advance their claims under a 1789 law known as the Alien Tort Statute. The Second Circuit cited the case of Kiobel v. Royal Dutch Petroleum this past December in extinguishing this part of the case....Facing a call to rehear the case en banc before the full court, the Second Circuit refused 4-3 on Monday...Judge Rosemary Pooler lamented [in] her dissent meanwhile that the court had botched an opportunity to fix a precedent that is "almost certainly incorrect... " ... When the Second Circuit first decided Kiobel I in 2010, it ignited controversy — and a stinging dissent — by appearing to insulate corporations of liability for overseas atrocities....