American insurance companies seeking to sue Saudi Arabia for the tragedy of 9/11 have an uphill battle before them, if not a futile one. Similar cases have all be dismissed due to a lack of jurisdiction and the immunity sovereign states hold against foreign law suits. This time around, reports The New York Sun, the lawyers think they’ve found a way to avoid those problems.
Insurance Groups Seek To Sue Saudi Arabia, Others for Attacks
JOSEPH GOLDSTEINWhether Saudi Arabia and several members of its royal family can be sued over the September 11, 2001, terrorist attacks will be the topic of arguments this month before a federal appeals court in Manhattan.
Relatives of those killed in the attacks, along with property holders and insurers, have sued more than 200 defendants alleged to have given support in one form or another to Al Qaeda.
“This is the first terrorism case to involve dozens of defendants,” a lawyer representing many of those killed in the attacks, James Kreindler, said. “You can’t point to one single defendant and say that is the cause. But what we say is that 9/11 could not have happened unless Al Qaeda was able to grow into a large, sophisticated, well-funded terrorism enterprise, and to do that it needed a huge amount of support.”
More than six years after the terrorist strike, the lawsuits are still in their preliminary stages.
…The plaintiffs face an obstacle in the Foreign Sovereign Immunities Act, which a district court judge ruled prevented the insurance companies from suing the kingdom. Anticipating that result, most of the plaintiffs involved in the September 11, 2001 litigation did not try suing Saudi Arabia, despite its deep pockets.
But the Chubb Group of Insurance Companies, the Zurich American Insurance Company, and other insurers did, betting they could find an exemption in the Foreign Sovereign Immunities Act that would allow the suit.
If the insurers win, and the federal judges who ride the Second Circuit reverse the district-court ruling, Americans would have a much easier time suing foreign countries and officials over terror attacks, lawyers involved in the case say. Currently the Foreign Sovereign Immunities Act permit such suits only against countries that the State Department has named state sponsors of terrorism. Saudi Arabia is not on that list.
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January:08:2008 - 04:23
I am glad to hear that. While there are members of the royal family I love there are those who believe they are above the law and who are as crooked as a rib. If they are suing the latter they will have to reach really deep into the pockets provided they can reach that far to be lucky enough to find a nickel. I wish them the best however. When Prince Waleed offered money, Mayor Gulliani should have accepted it. He had no right to say no. It was for families not for him.
My children and their friends were poisoned at a place under the patronage of a princess. All the evidence was swept under the carpet. I was in fact threatened on the phone to stop right there.I am going to try to talk to her a last ditch effort before I youtube. I am not asking for a million dollars. The place was operating illegally. They had no license to serve food. The penalty is 1,000-10,000 riyals per sick person. That amount of money is a drop in the bucket to these people.
When it comes to protecting children I am a lion. The Kingdom of Children. Hear me roar!
January:08:2008 - 08:52
Brothers Saudies, let us sue American government for supporting Dectorianship for decades like the Royal family of Saudi. Let’s sue Americans for creating the beast of Al-Qahda when Soviet were in Afghanstan in the 80s. The Al-Qahda is a hand made of Americans when they were implementing American’s agenda in Afghanstan against Soviet.
Let us be frank and clear here.
January:08:2008 - 11:26
I would like to add that right now at this very moment I really feel and believe that the people who are suing Saudi Arabia and the key figures are going to WIN.
January:08:2008 - 15:03
Were I one to bet, I’d bet they won’t get past first base. The law simply isn’t written to permit it.
January:08:2008 - 15:06
Smile let’s sue everyone! I hear you! which means I know where you are coming from bro.
It is the people who suffer not those is power positions…
January:08:2008 - 15:09
Let the American People change the Law then!
January:08:2008 - 15:14
Smile you just made me Smile.
Imagine American People suing the Government of Saudi Arabia and Saudi Arabian People suing the American Government.
I think if the American people and Saudi poople minus government joined hands we would get much further in our pursuits.
January:08:2008 - 15:20
Summary & Advice for New Presidential Hopefuls:
Something is screwed up in the equation on the war on terrorism.
January:08:2008 - 21:12
I recall in the early 90′s discussing with my college Geography professor the arming of the Mujahideen with Stinger missles. Seemed like a good idea then since the expansion of the Soviet empire was a bad thing. Today America is trying to correct her past wrongs. We constantly strive to get things right – in public and in the open. Our dirty laundry is hung out for all to see. So, criticize us if you wish. Sue us if you think you got a leg to stand on. We’ll continue to fight the good fight despite the do-nothings who nip at our heels.
January:09:2008 - 03:03
Ratherdashing
Unfortunately the donothings end up doing a whole lot but not in any constructive form!
Pakistan is another example of America’s support of a dictator!
It is just crazy. Anyhow I still love my country America…because at least America is decent with its own people! They wouldn’t put them in jail for trying to bring about positive change.
America would’t shut down liberal websites and let al Qahda websites run, monitor them and probably add their two cents to spark more hatred.
At this point, I would die for my country before Islam.
January:21:2008 - 12:07
At least some insurance companies’ pre-2002 terrorism-related policies, including business income policies, exclude activities caused by agents in the employ of a foreign government. Such deeds fall under a “War and Military Action” exclusion. With hundreds of millions of dollars at stake, that is a powerful incentive for insurance companies to seek to claim that some sovereign government somewhere bears responsibility.