Law360
September 24, 2014
Pete Brush
The lead attorney for Arab Bank PLC on Wednesday said he wants the Second Circuit to scrutinize Monday’s landmark jury verdict holding the bank liable for supporting terrorism, telling Law360 foreign policy concerns and judicial economy cry out for appellate review despite a lack of any final judgment.
DLA Piper litigator Shand Stephens says he believes, as do some other legal experts, that a number of potential flaws in the trial court proceedings increase the odds that the now-completed liability phase could be knocked out on review.
With damages-phase discovery and possibly multiple trials for some 300 American Anti-Terrorism Act claimants now in the offing, Stephens said the Second Circuit should set aside its normal tendency to take up appeals only after final judgments.
“The best thing to do would be to allow the liability verdict to go up on appeal and, in the meantime, pursue discovery on damages,” Stevens said. “Because of the size of this and the nature of the claims — they are individual claims — it makes sense that the Second Circuit would intervene sooner rather than later.”
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