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776 ing participation in the conduct of an en- terprise’s affairs through a pattern of racketeering activity. 18 US.C.A. § 1962(c). 76. Racketeer Influenced and Corrupt Organizations <=50 Allegations of complaint filed by sur- vivors of victims of September 11, 2001 attacks, including that bank and charitable network may have assisted al Qaeda, failed to state cause of action under Racketeer Influenced and Corrupt Organizations Act (RICO) conspiracy provision, or provision prohibiting participation in conduct of en- terprise’s affairs through pattern of racke- teering activity, in that allegations did not include anything approaching active man- agement or operation. 18 U.S.C.A. § 1962(c, d). 77. International Law <10.11 Only individuals may be sued under the Torture Victim Protection Act (TVPA). 28 U.S.C.A. § 1350 note. 78. International Law <~10.11 Survivors of victims of September 11, 2001 attacks failed to state cause of action in complaint against two individuals under Torture Victim Protection Act (TVPA), where there were no allegations individu- als acted under color of law. 28 U.S.C.A. § 1350 note. 79. War and National Emergency <=50 To adequately plead the provision of material support under the Antiterrorism Act (ATA), a plaintiff has to allege that the defendant knew about the terrorists’ illegal activities, the defendant desired to help those activities succeed, and the defendant engaged in some act of helping those activ- ities. 18 U.S.C.A. § 2333(a). 80. Conspiracy <7, 18 To state cause of action under Anti- terrorism Act (ATA) pursuant to conspir- 349 FEDERAL SUPPLEMENT, 2d SERIES acy theory, survivors of victims of Sep- tember 11, 2001 attacks were required to allege that defendants were involved in agreement to accomplish unlawful act and that attacks were reasonably foreseeable consequence of that conspiracy; survivors did not have to allege that defendants knew specifically about attacks or that they committed any specific act in fur- therance of attacks. 18 US.C.A. § 2333(a). 81. Death <31(3.1) Survivors of victims of September 11, 2002 attacks could state claims for wrong- ful death and survival under New York law if they were personal representatives of victims and sufficiently alleged that defen- dants supported, aided and abetted, or conspired with September 11 terrorists. N.Y.McKinney’s EPTL 54.1, 11-3.2(b). 82. Assault and Battery <=21 Limitation of Actions 31 The statute of limitations for assault and battery and intentional infliction of emotional distress claims under New York law is one year. N.Y.McKinney’s CPLR 21508). 83. Damages €°57.22 In actions for intentional infliction of emotional distress under New York law, courts are to determine whether the al- leged conduct is sufficiently extreme and outrageous enough to permit recovery. 84. Damages €757.25(1) Attacks of September 11, 2001 were extreme and outrageous, as required for liability for intentional infliction of emo- tional distress under New York law. 85. Trespass <=30 To extent that survivors of victims of September 11, 2001 attacks sufficiently pled that defendants acted in concert with September 11 hijackers, they stated cause HOUSE_OVERSIGHT_017841