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BARTLETT v. BAASIRI

No. 21-2019 August Term, 2022.

81 F.4th 28 (2023)

Robert BARTLETT et al., Plaintiffs-Appellees, v. Dr. Muhammad BAASIRI, Movant-Appellant, Jammal Trust Bank Sal, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided: August 24, 2023.

Attorney(s) appearing for the Case

Michael Radine ( Gary M. Osen , Dina Gielchinsky , and Aaron Schlanger , on the brief), Osen LLC, Hackensack, NJ, for Plaintiffs-Appellees.

Mark W. DeLaquil ( David B. Rivkin, Jr. , Elizabeth Price Foley , and Kendall E. Wangsgard , on the brief), Baker & Hostetler LLP, Washington, DC, for Movant-Appellant and Defendant-Appellant.

Lewis S. Yelin , Attorney, Appellate Staff, Civil Division, United States Department of Justice, Washington, DC ( Richard C. Visek , Acting Legal Adviser, Department of State; Brian M. Boynton , Principal Deputy Assistant Attorney General; Breon Peace , United States Attorney for the Eastern District of New York; Sharon Swingle , Attorney, Civil Division, United States Department of Justice, Washington, DC, on the brief), for Amicus Curiae United States of America.

Jay S. Auslander ( Natalie Shkolnik , Michael Van Riper , on the brief), Wilk Auslander LLP, New York, NY, for Amicus Curiae Professor Joseph W. Dellapenna.

Before: Jacobs, Park, and Nardini, Circuit Judges.

The plaintiffs in this case are American service members who were wounded, and the relatives of service members who were killed or wounded, in terrorist attacks carried out in Iraq from 2004 to 2011 by proxies of the Lebanese militant group Hezbollah. In 2019, victims and...

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