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Extracted Text (OCR)
766
ber 11, 2001 terrorist attacks, as well as
insurance carriers, brought actions against
al Qaeda, al Qaeda’s members and associ-
ates, alleged state sponsors of terrorism,
and individuals and entities who allegedly
provided support to Al Qaeda, asserting
causes of action under Torture Victim Pro-
tection Act (TVPA), Antiterrorism Act
(ATA), Alien Tort Claims Act (ATCA), and
Racketeer Influenced and Corrupt Organi-
zations Act (RICO), as well as claims for
aiding and abetting, conspiracy, intentional
infliction of emotional distress, negligence,
survival, wrongful death, trespass, and as-
sault and battery. Actions were consolidat-
ed by Multidistrict Litigation Panel. Vari-
ous defendants filed motions to dismiss.
Holdings: The District Court, Casey, J.,
held that:
(1) jurisdictional discovery was warranted
on issue whether Saudi Arabian bank
was immune under Foreign Sovereign
Immunities Act (FSIA);
claims against Saudi Arabia and two of
its officials based on alleged contribu-
tions to charities were not subject to
commercial activities exception of
FSIA;
complaint alleging that Saudi Princes
contributed to charities that supported
al Qaeda failed to allege causal connec-
tion sufficient to satisfy New York
standard for concerted action liability,
for purposes of torts exception of
FSIA;
(4) claims against Saudi Arabian Prince
arising from alleged contributions to
charities were barred by discretionary
function exception to torts exception of
FSIA;
(5) claims against Saudi Arabian Prince
arising from alleged decisions regard-
ing treatment of Taliban and al Qaeda
leader were barred by discretionary
function exception to torts exception of
FSIA;
2
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6B
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349 FEDERAL SUPPLEMENT, 2d SERIES
(6) claims against Saudi Arabia arising
from alleged decisions to make charita-
ble contributions were barred by dis-
cretionary function exception to torts
exception of FSIA;
(7
——,
survivors failed to make prima facie
showing necessary to establish person-
al jurisdiction over Princes and others
under New York’s long-arm statute;
(8
i
modified due process standard appro-
priate for mass torts would not be
applied to question of personal juris-
diction;
(9) allegations were insufficient to estab-
lish general personal jurisdiction over
Princes;
(10) survivors failed to establish personal
jurisdiction over founder of Saudi
Arabian company;
(11) limited discovery would be permitted
with regard to whether Saudi Arabian
bank’s contacts with United States
were sufficient for exercise of person-
al jurisdiction;
(12) survivors failed to establish personal
jurisdiction over director of charity;
(13) jurisdictional discovery was warrant-
ed to determine if Saudi Arabian con-
struction company purposefully di-
rected its activities at United States;
(14) jurisdictional discovery was warrant-
ed to determine which of charitable
network’s entities had presence in
Virginia, for purposes of personal ju-
risdiction;
(15) survivors made prima facie showing
of personal jurisdiction over bank
chairman;
(16) survivors failed to state cause of ac-
tion under RICO;
(17) attacks were extreme and outrageous,
as required for intentional infliction of
emotional distress;
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