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Weiss v. National Westminster Bank PLC

Court: US Court of Appeals for the Second Circuit

Docket: 19-863

Opinion Date: April 7, 2021

Judge: Amalya Lyle Kearse

Areas of Law: Banking, Government & Administrative Law, International Law, Personal Injury

The Second Circuit affirmed the district court’s dismissal of the operative amended complaints in two actions seeking to hold the defendant bank liable under the Antiterrorism Act of 1990 (ATA), for providing banking services to a charitable organization with alleged ties to Hamas, a designated Foreign Terrorist Organization (FTO) alleged to have committed a series of terrorist attacks in Israel in 2001-2004. The actions also seek to deny leave to amend the complaints to allege aiding-and-abetting claims under the Justice Against Sponsors of Terrorism Act (JASTA). The court concluded that 18 U.S.C. 2333(a) principles announced in Linde v. Arab Bank, PLC, 882 F.3d 314 (2d Cir. 2018), were properly applied here. The court explained that, in order to establish NatWest’s liability under the ATA as a principal, plaintiffs were required to present evidence sufficient to support all of section 2331(1)’s definitional requirements for an act of international terrorism. The court saw no error in the district court’s conclusion that plaintiffs failed to proffer such evidence and thus NatWest was entitled to summary judgment dismissing those claims. The court also concluded that the district court appropriately assessed plaintiffs’ request to add JASTA claims, given the undisputed evidence adduced, in connection with the summary judgment motions, as to the state of NatWest’s knowledge. Therefore, based on the record, the district court did not err in denying leave to amend the complaints as futile on the ground that plaintiffs could not show that NatWest was knowingly providing substantial assistance to Hamas, or that NatWest was generally aware that it was playing a role in Hamas’s acts of terrorism. The court dismissed the cross-appeal as moot.

This case law update is brought to you by Freeway Law, personal injury, and auto car accident lawyers. 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.

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