2nd Circuit Vacates Arab Bank’s $100M Liability in Hamas Terrorist Attacks

New York Law Journal
February 9, 2018
Colby Hamilton

In its order, the panel of Circuit Judges Reena Raggi and Susan Carney, with U.S. District Judge Lewis Kaplan of the Southern District of New York, sitting by designation, found that the jury instructions incorrectly allowed for a guilty verdict under the Antiterrorism Act of 1990 simply because Arab Bank handled financial transactions for Hamas and its supporters.

Notably, the panel refused to accept the argument by the plaintiffs in the case that the later-enacted Justice Against Sponsors of Terrorism Act, which allows for those that aid and abet terrorist acts to be held liable, made the jury instructions harmless.

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