Se Habla Español
Chúng Tôi Nói Tiếng Việt
FREE CONSULTATION

Atchley v. AstraZeneca UK Limited

laptop and scale on the table

Court: US Court of Appeals for the District of Columbia Circuit

Docket: 20-7077

Opinion Date: January 4, 2022

Judge: Cornelia Thayer Livingston Pillard

Areas of Law: International Law, Personal Injury

This case law update is brought to you by Freeway Law auto accident and personal injury lawyers in Orange County. The following is not one of our cases, but it is of some significance, and we thought we should share it with our readers for informational purposes. The information above is for informational purposes only and not to be construed as legal advice.

Plaintiffs, victims of Jaysh al-Mahdi terrorist attacks, and the victims’ family members filed suit alleging that defendants, large medical supply and manufacturing companies, knowingly gave substantial support to the attacks against them in violation of the Anti-Terrorism Act (ATA), as amended by the Justice Against Sponsors of Terrorism Act (JASTA), and state law. Plaintiffs claim that defendants, aware of Jaysh al-Mahdi’s command of the Ministry, secured lucrative medical-supply contracts with the Ministry by giving corrupt payments and valuable gifts to Jaysh al-Mahdi. The district court held that the complaint failed to state claims for either direct or secondary (aiding-and-abetting) liability under the ATA and that it lacked personal jurisdiction over six foreign defendants.

The DC Circuit reversed on three issues and remanded the balance of the issues to be addressed by the district court consistent with the court’s opinion. First, the court concluded that plaintiffs plead facts that suffice to support their aiding-and-abetting claim at the motion-to-dismiss stage. Second, with respect to the direct liability claim, the court concluded that plaintiffs have adequately pleaded that defendants’ payments to Jaysh al Mahdi proximately caused plaintiffs’ injuries. Third, the court concluded that the district court’s personal jurisdiction analysis was unduly restrictive.

What do you think?

REQUEST FOR A FREE CONSULTATION

We get paid when you do.



    Orange County Office:
    2090 N Tustin Ave Suite 250, Santa Ana, CA 92705

    Phone:
    (844) 44-FREEWAY | (844) 443-7339

    Email: