Thursday, September 1, 2016

Fwd: U.S. Courts Void Payments to American Victims of PA Terror


---------- Forwarded message ----------
From: Americans for a Safe Israel <judy@afsi.org>
Date: Wed, Aug 31, 2016 at 4:05 PM
Subject: U.S. Courts Void Payments to American Victims of PA Terror
To: faigerayzel@gmail.com


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Wednesday, August 31, 2016
 

U.S. Courts void payments to American Victims of PA terror

 
The numbers of Americans killed and wounded in Israel by Arab terror attacks are staggering. Over a period of years, efforts have been made to use legal means, through the courts, to get the PA to pay compensation to the families for the loss and permanent harm done to loved ones in these horrific attacks. It is disgraceful that those responsible for the terror attacks can use American law to avoid paying their monetary obligation. Obviously, there can be no replacement for loss of life and limb.

U.S. court voids $655 mln verdict against PLO over Israel attacks
By REUTERS
PUBLISHED: 11:02 EST, 31 August 2016 | UPDATED: 11:02 EST, 31 August 2016

By Jonathan Stempel
NEW YORK, Aug 31 (Reuters) - A U.S. appeals court on Wednesday threw out a $655.5 million verdict against the Palestinian Authority and the Palestine Liberation Organization for damages suffered by American families from terrorist attacks in Israel.
By a 3-0 vote, the 2nd U.S. Circuit Court of Appeals in Manhattan said a lower court judge erred in concluding he had jurisdiction over the case. The appeals court ordered that the civil lawsuit, which began in January 2004, be dismissed.
"The terror machine gun attacks and suicide bombings that triggered this suit and victimized these plaintiffs were unquestionably horrific," Judge John Koeltl wrote for the appeals court.
"But the federal courts cannot exercise jurisdiction in a civil case beyond the limits prescribed by the due process clause of the Constitution, no matter how horrendous the underlying attacks or morally compelling the plaintiffs' claims."
Wednesday's decision is the latest in a series of setbacks for Americans seeking to hold foreign entities liable in U.S. courts for damages tied to international terrorism.
The 10 families who won the verdict had sued under the Anti-Terrorism Act, which lets American victims of international terrorism sue in U.S. courts.
"The very terrorists who prompted the law have now hidden behind the U.S. Constitution to avoid responsibility for their crimes," Kent Yalowitz, a lawyer for the families, said in an email. "This cruel decision must be corrected so that these families may receive justice."
Gassan Baloul, a lawyer for the defendants, said in an email they were gratified that the appeals court accepted their "consistent position" that U.S. courts lacked jurisdiction.
SIX ATTACKS
The families had sought to hold the Palestinian Authority and PLO liable for six shootings and bombings between 2002 and 2004 in the Jerusalem area. The attacks killed 33 people, including several Americans, and wounded more than 450. They have been attributed to the al-Aqsa Martyrs Brigades and Hamas.
The families contended that late PLO Chairman Yasser Arafat and his agents routinely arranged for payments to attackers and to families of attackers who died. But the defendants have said they condemned the attacks, blaming them instead on rogue employees who acted on their own.
In February 2015, after a six-week trial, a federal jury in Manhattan found the Palestinian Authority and PLO liable and awarded $218.5 million, a sum automatically tripled to $655.5 million under the federal Anti-Terrorism Act.
The appeals court said the trial judge, George Daniels, erred in letting the case proceed at all.
Koeltl noted the attacks "occurred entirely outside the territorial jurisdiction of the United States" and found no evidence the attackers targeted Americans.
He also said that while the Palestinian groups maintained a mission in Washington, D.C., and promoted their cause within the country, this did not make them "essentially at home" in the United States so that courts there could exercise jurisdiction.
OTHER LEGAL SETBACKS
Wednesday's decision is the second in eight days by the Manhattan appeals court against victims of attacks in Israel.
On Aug. 24, the court said it lacked jurisdiction to hold Lebanese Canadian Bank SAL liable under the Alien Tort Statute to victims of Hezbollah rocket attacks, for allegedly helping finance that group through a New York bank account.
In December, the court said thousands of non-U.S. citizens could not pursue claims against Jordan's Arab Bank Plc for allegedly providing support to Hamas, al-Aqsa and others for attacks in Israel.
In August 2015 Arab Bank settled separate litigation brought under the Anti-Terrorism Act over its responsibility for attacks in Israel. That accord is conditioned on an appeal of the Brooklyn jury's 2014 underlying liability verdict.
The case is Sokolow et al v. Palestine Liberation Organization et al, 2nd U.S. Circuit Court of Appeals, No. 15-3135. (Reporting by Jonathan Stempel in New York; Editing by Bill Trott

Read more: http://www.dailymail.co.uk/wires/reuters/article-3767232/U-S-court-dismisses-award-against-Palestinian-Authority-PLO-attacks.html#ixzz4IvjRGN7w 
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 Thursday, Nov. 10 until Wednesday night, November 16 - Fall mission. Reservations and deposits are being taken NOW. Do not delay. Make your plans NOW and join AFSI for a life-changing experience. 

The Spring 2017 Mission begins Wednesday, May 17 to Thursday night, May 25.
You will want to be in Israel with us for the amazing celebrations marking the 50th Anniversary of the Reunification of Jerusalem, and the reclaiming for the Jewish people of Judea, Samaria, and the Golan Heights! This is a MUST MISSION. 

AFSI's missions fill up quickly, so plan ahead.
Call 212-828-2424, or write to judy@afsi.org

 
Calendar
AFSI Calendar of Events

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Saturday, August 27
Too late now to invite other attendees, but AFSI's Co-Executive Director, Helen Freedman, was a guest speaker at the Chabad house in El Paso, Texas on Shabbat, August 27. Thanks to AFSI members, Meralee and Sidney Schlusselberg for making the arrangements for this special event.

Thursday, September 8, 6:45 PM
AFSI Long Island presents:



Thursday, September 8, 7:00 PM, Scottsdale, AZ
Americans For a Safe Israel is pleased to host Yishai Fleisher, Israel broadcaster and international spokesman for the Jewish community in Hebron.
All donations go directly to the Hebron Jewish community and Cave of the Patriarchs. 





Monday, September 12, 12:00 PM
The Lawfare Project presents: Internal Palestinian Conflicts and Politics, featuring Bassem Eid, Political Analyst, Commentator, & Human Rights Activist
At The Lawfare Project
633 Third Ave., 21st Floor, NYC (between 40th and 41st Streets)

Admission: $15
Kosher lunch will be served
 RSVP, please email RSVP@TheLawfareProject.org by Monday, August 29th.
Please include full name and employer/affiliation.
You must receive email confirmation of your RSVP to attend.
Government-issued photo ID is required for entry.
Invitations are non-transferable.

Monday, September 12 - 7 P.M.
Itamar Marcus, Director of Palestinian Media Watch speaking at
Edmond J, Safra Synagogue - 11 East 63rd Street, NYC
Topic: From the Cradle to Terror & Martyrdom; Making of a Teenage Terrorist

Tuesday, September 13, 5:30 - 7:30 PM
Reception welcoming Ambassador Dani Dayan as he begins his tenure as Consul General of Israel in New York
 UJA-Federation building, 130 East 59 St. NYC, seventh floor conference center.
Cocktails & refreshments served.
To reserve, click HERE or call Stephanie Feit: 212-983-4800 ext. 489

Thursday, September 15 - 6:30 PM
The Algemeiner Editor's Club Fifth Annual Summer Benefit
At Media Loft & Terrace 267 Fifth Avenue, NYC
VIP 6:30 PM; Awards 7:15 PM; Reception 7:45 PM
Info & reservations HERE.

Sunday, September 18 - 4 PM
Ambassador John Bolton and Israeli Minister of Justice Ayelet Shaked
Celebrating the upcoming 50th Anniversary of the 1967 Six Day War and remembering the 25th Yahrzeit of Menachem Begin, z"l. 
At the Young Israel of Jamaica Estates, 83-10 188th Street, Jamaica, NY
Free event. Light buffet dinner. Sponsors welcome. Donations to: 
Young Israel Chovevei Zion/NCYI; 184-60 Aberdeen Rd., Jamaica Estates, 11432

Monday, September 19 - 6:30 PM
One Israel Fund 22nd Annual Gala Dinner
Museum of Jewish Heritage, 36 Battery Place, NYC
Contact: Dinner@OneIsraelFund.org; 516-239-9202
Contact AFSI: 212-828-2424; judy@afsi.org for special AFSI rates for AFSI members

Sunday/Monday, September 18-19
Shurat HaDin's First Annual Counter-Terrorism Conference, NYC
Eyes Only: Insights into the Legal War on Terrorism
A tremendous lineup of professional speakers in the fields of intelligence, counter-terrorism, law enforcement, cyber security and international finance.
 Yale Club, 50 Vanderbilt Ave, NY, NY 10017
Info & registration HERE.

Wednesday, September 21- 7:30 PM
Rabbi Moshe and Leah Goldsmith of Itamar, Israel 
The Goldsmiths led in the development of their beautiful community in the Shomron. Rabbi Moshe Goldsmith served as Mayor of Itamar for many years, with Leah always at his side. When the Fogel family was brutally killed by Arab infiltrators into their community, the Goldsmiths went on a countrywide tour speaking about the horrific terror attack. AFSI has visited there many times, most recently spending a beautiful Shabbat in the Goldsmith home. 
The event is open free to the public. All  donations will go to the Itamar community. 
West Side Institutional Synagogue, 120 West 76th Street, NYC - Use Side Entrance
Contact AFSI: 212-828-2424; judy@afsi.org to make reservations.

Thursday, Sept. 22-Monday, Sept. 26
Dallas, Texas 
Helen Freedman and Judy Freedman Kadish, AFSI's Co-Executive Directors,  will be hosted by Ann Stacy, AFSI's Dallas Chairwman, at a variety of Texas venues. For those in the Dallas area who would like to participate, call AFSI: 212-828-2424 for specific details.

Saturday, September 24 - Monday, September 26
Washington, DC: 3rd Annual Conference Israeli-American Council
(May arrive before Shabbat, Friday Sept. 23)
For full agenda & registration, click HERE

 
Mark Langfan: Chairman
 Helen Freedman: Executive Director
Judy Kadish: Co-Executive Director
Jonathan Grauman: Research Analyst
 

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Israel Advocacy Calendar (www.IsraelAdvocacyCalendar.com).
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