Appeals court reinstates $656M judgment against PLO and Palestinian Authority

Appeals court reinstates $656M judgment against PLO and Palestinian Authority

A U.S. appeals court has reinstated a $656 million judgment against the Palestine Liberation Organization and the Palestinian Authority after the U.S. Supreme Court last June upheld a 2019 law that allowed American victims to bring lawsuits tied to overseas attacks. The 2nd U.S. Circuit Court of Appeals reinstated the earlier judgment in a decision dated March 30, according to the court’s ruling as reported by the Associated Press.

The reinstatement comes after the appeals judges had previously tossed out the verdict about a decade earlier, saying U.S. courts could not hear lawsuits against the foreign groups over attacks that were not aimed at the United States. In the latest ruling, the appeals court said that its reinstatement of the original judgment aligns with what it described as the “plain import” of the Supreme Court’s decision.

In its March 30 decision, the appeals court wrote, “We conclude that the original judgment for the plaintiffs should be reinstated. That conclusion is consistent with the plain import of the Supreme Court’s decision,” the Associated Press reported. The ruling followed the Supreme Court’s June decision sustaining the 2019 law enacted by Congress, which plaintiffs relied on to keep their suits in U.S. court.

The lawsuit was brought under the Anti-Terrorism Act, a law signed in 1992 that was intended to open U.S. courts to victims of international terror attacks. The plaintiffs and their families alleged that Palestinian agents either took part in the attacks or incited them, the Associated Press said.

The Palestinian defendants, according to the report, had consistently argued that the cases should not be allowed in American courts. Emails seeking comment were sent to attorneys for the defendants on Sunday, the report added.

Attorney Kent Yalowitz, representing the plaintiffs, said his clients’ families were relieved because the court reinstated the judgment without requiring a new trial. “Our client families are very relieved that the court has reinstated the judgment without requiring a new trial. They have been waiting for a very long time for justice to be done,” Yalowitz said in an email, according to the Associated Press report.

Another plaintiffs’ attorney, Nitsana Darshan-Leitner, said she was pleased with the decision after 22 years of litigation. The Associated Press said Darshan-Leitner spoke following the appeals court’s decision reinstating the $656 million award.

The case illustrates how U.S. civil litigation under the Anti-Terrorism Act can hinge on shifting questions about jurisdiction and congressional changes aimed at clarifying when overseas-attack claims may be heard in U.S. courts. With the appeals court’s reinstatement, the plaintiffs’ efforts to enforce the original judgment appear set to continue in the next stage of the litigation.