Thursday, July 21, 2016

Case of the Day: Rosenberg v. Lashkar-E-Taiba, 2016 U.S. Dist. LEXIS 87724 (E.D.N.Y. July 5, 2016)

Summary:

Plaintiffs are American and Israeli citizens who were killed or injured in the 2008 terrorist attack in Mumbai. Defendants are an international terrorist organization based primarily in Pakistan and the organization's individual leaders. Plaintiffs sued under Alien Tort Statute and Antiterrorism Act. When the defendants did not appear, plaintiffs petitioned for a default judgment.

The magistrate judge issued a judgment in the alternative. The court found that there was no proper service, but recommended that the district court issue the default judgment if the district court finds that there was proper service.

Takeaway:

Whenever there is a terrorist attack, there follows a lawsuit in America. I am not sure if does much to gain from it, especially considering the number of procedural hoops that one must overcome to prevail.

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