WALDMAN v. PALESTINE LIBERATION ORGANIZATION

Docket Nos. 15-3135-cv (Lead); 15-3151-cv (XAP) August Term, 2015.

925 F.3d 570 (2019)

Eva WALDMAN, Revital Bauer, Individually and as Natural Guardian of Plaintiffs Yehonathon Bauer, Binyamin Bauer, Daniel Bauer and Yehuda Bauer, Shaul Mandelkorn, Nurit Mandelkorn, Oz Joseph Guetta, Minor, by his Next Friend and Guardian Varda Guetta, Varda Guetta, Individually and as Natural Guardian of Plaintiff Oz Joseph Guetta, Norman Gritz, Individually and as Personal Representative of the Estate of David Gritz, Mark I. Sokolow, Individually and as a Natural Guardian of Plaintiff Jamie A. Sokolow, Rena M. Sokolow, Individually and as a Natural Guardian of Plaintiff Jaime A. Sokolow, Jamie A. Sokolow, Minor, by her Next Friends and Guardian Mark I. Sokolow and Rena M. Sokolow, Lauren M. Sokolow, Elana R. Sokolow, Shayna Eileen Gould, Ronald Allan Gould, Elise Janet Gould, Jessica Rine, Shmuel Waldman, Henna Novack Waldman, Morris Waldman, Alan J. Bauer, Individually and as Natural Guardian of Plaintiffs Yehonathon Bauer, Binyamin Bauer, Daniel Bauer and Yehuda Bauer, Yehonathon Bauer, Minor, by his Next Friend and Guardians Dr. Alan J. Bauer and Revital Bauer, Binyamin Bauer, Minor, by his Next Friend and Guardians Dr. Alan J. Bauer and Revital Bauer, Daniel Bauer, Minor, by his Next Friend and Guardians Dr. Alan J. Bauer and Revital Bauer, Yehuda Bauer, Minor, by his Next Friend and Guardians Dr. Alan J. Bauer and Revital Bauer, Rabbi Leonard Mandelkorn, Katherine Baker, Individually and as Personal Representative of the Estate of Benjamin Blutstein, Rebekah Blutstein, Richard Blutstein, Individually and as Personal Representative of the Estate of Benjamin Blutstein, Larry Carter, Individually and as Personal Representative of the Estate of Diane ("Dina") Carter, Shaun Coffel, Dianne Coulter Miller, Robert L Coulter, Jr., Robert L. Coulter, Sr., Individually and as Personal Representative of the Estate of Janis Ruth Coulter, Chana Bracha Goldberg, Minor, by her Next Friend and Guardian Karen Goldberg, Eliezer Simcha Goldberg, Minor, by her Next Friend and Guardian Karen Goldberg, Esther Zahava Goldberg, Minor, by her Next Friend and Guardian Karen Goldberg, Karen Goldberg, Individually, as Personal Representative of the Estate of Stuart Scott Goldberg/Natural Guardian of Plaintiffs Chana Bracha Goldberg, Esther Zahava Goldberg, Yitzhak Shalom Goldberg, Shoshana Malka Goldberg, Eliezer Simcha Goldberg, Yaakov Moshe Goldberg, Tzvi Yehoshua Goldberg, Shoshana Malka Goldberg, Minor, by her Next Friend and Guardian Karen Goldberg, Tzvi Yehoshua Goldberg, Minor, by her Next Friend and Guardian Karen Goldberg, Yaakov Moshe Goldberg, Minor, by her Next Friend and Guardian Karen Goldberg, Yitzhak Shalom Goldberg, Minor, by her Next Friend and Guardian Karen Goldberg, NeveNka Gritz, Sole Heir of Norman Gritz, Deceased, Plaintiffs-Appellees-Cross-Appellants, v. PALESTINE LIBERATION ORGANIZATION, Palestinian Authority, aka Palestinian Interim Self-Government Authority and or Palestinian Council and or Palestinian National Authority, Defendants-Appellants-Cross-Appellees, Yasser Arafat, Marwin Bin Khatib Barghouti, Ahmed Taleb Mustapha Barghouti, aka Al-Faransi, Nasser Mahmoud Ahmed Aweis, Majid Al-Masri, aka Abu Mojahed, Mahmoud Al-Titi, Mohammed Abdel Rahman Salam Masalah, aka Abu Satkhah, Faras Sadak Mohammed Ghanem, aka Hitawi, Mohammed Sami Ibrahim Abdullah, Estate of Said Ramadan, Deceased, Abdel Karim Ratab Yunis Aweis, Nasser Jamal Mousa Shawish, Toufik Tirawi, Hussein Al-Shaykh, Sana'a Muhammed Shehadeh, Kaira Said Ali Sadi, Estate of Mohammed Hashaika, Deceased, Munzar Mahmoud Khalil Noor, Estate of Wafa Idris, Deceased, Estate of Mazan Faritach, Deceased, Estate of Muhanad Abu Halawa, Deceased, John Does, 1-99, Hassan Abdel Rahman, Defendants.

United States Court of Appeals, Second Circuit.

Case Decided: August 31, 2016.

Motion Filed: October 8, 2018.

Motion Decided: June 3, 2019.


Attorney(s) appearing for the Case

Kent A. Yalowitz and David C. Russell ( Baruch Weiss , Dirk C. Phillips , John Robinson , Avishai D. Don , on the brief), Arnold & Porter Kaye Scholer LLP, for Plaintiffs-Appellees-Cross-Appellants.

Gassan A. Baloul ( Mitchell R. Berger , Alexandra E. Chopin , Aaron W. Knights , on the brief), Squire Patton Boggs (US) LLP, for Defendants-Appellants-Cross-Appellees.

Before: Leval and Droney, Circuit Judges, and Koeltl, District Judge.


In this case, eleven American families sued the defendants, the Palestine Liberation Organization ("PLO") and the Palestinian Authority ("PA"), under the Anti-Terrorism Act ("ATA"), 18 U.S.C. § 2333(a), for various terror attacks in Israel that killed or wounded the plaintiffs or their family members. After a seven-week trial, the jury...

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