Court Opinion on Procedural Standards for 9/11 Terrorist Attack Litigation

In re Terrorist Attacks on September 11, 2001, 392 F.Supp.2d 539 (2005) 10 A.L.R. Fed. 2d 789 Hishon v. King & Spalding, 467 U.S. 69, 73, 104 S.Ct. 2229, 81 L.Ed.2d 59 (1984) (“A court may dismiss a complaint only if it is clear that no relief could be granted under any set of facts that could be proved consistent with the allegations.”). Federal Rule of Civil Procedure 8(a)(2) requires “a short and plain statement of the claim showing that the pleader is entitled to relief.” “This simplified notice pleading standard relies on liberal discovery rules and summary judgment motions to define disputed facts and issues and to dispose of unmeritorious claims.” Swierkiewicz vy. Sorema, N.A., 534 U.S. 506, 512, 122 S.Ct. 992, 152 L.Ed.2d 1 (2002) (citing Conley v. Gibson, 355 U.S. 41, 47, 78 S.Ct. 99, 2 L.Ed.2d 80 (1957), Leatherman v. Tarrant County Narcotics Intelligence & Coordination Unit, 507 U.S. 163, 168-69, 113 S.Ct. 1160, 122 L.Ed.2d 517 (1993)). Plaintiffs must still give Defendants fair and adequate notice of their claims and the grounds on which they rest. See Simmons v. Abruzzo, 49 F.3d 83, 86 (2d Cir.1995). “[W]hile Swierkiewicz made clear that pleading a McDonnell Douglas prima facie case was not necessary to survive a motion to dismiss, it did not even remotely suggest that a pleading could survive dismissal when it contained only the barest of conclusory allegations without notice of the factual grounds on which they purport to be based.” Jackson v. BellSouth Telecomms., 372 F.3d 1250, 1270-71 (11th Cir.2004). The Court limits its review to the facts stated in the complaints, documents attached to the complaints as exhibits, and documents incorporated by reference in the complaints. Dangler v. N.Y.C. Off Track Betting Corp., 193 F.3d 130, 138 (2d Cir.1999). For purposes of the RICO claims, the Court also reviews the RICO statements. Plaintiffs claim that Defendants in these lawsuits are liable for the attacks of September 11, in most instances, as co-conspirators, aiders, or abettors with al Qaeda. The Court has held that Defendants may be responsible for the September 11 attacks if they knowingly and intentionally provided material support to al Qaeda. See Terrorist Attacks [, 349 F.Supp.2d at 826. The complaints’ various theories of recovery merit a brief review here. See id. at 825-31. The ATA provides a civil remedy for “[a]ny national of the United States injured in his or her person, property, or business by reason of an act of international terrorism, or his or estate, survivors, or heirs.” 18 U.S.C. § 2333(a). An act of international terrorism includes the provision of material support to terrorists, which is also a criminal act under the ATA. Boim IJ, 291 F.3d at 1015. The ATA’s WESTLAW criminal provisions define “material support or resources” as “currency or other financial securities, financial services, lodging, training, safehouses, false documentation or identification, | communications equipment, facilities, weapons, lethal explosives, personnel, transportation, and other physical assets, except medicine or religious materials.” 18 U.S.C. § 2339A(b); see also Boim IT, 291 F.3d at 1015 (finding conduct that violates § 2339A would be sufficient to meet the definition of “international terrorism” in § 2333). This Court adopts the Seventh Circuit’s requirement that Plaintiffs plead that Defendants knew of al Qaeda’s illegal activities, “that they desired to help those activities succeed, and they engaged in some act of helping the illegal activities.” Jd. at 1023-24 (finding allegation that defendants are “ ‘front’ organizations with ostensibly legitimate purposes which are actually engaged in *565 fund-raising and money laundering in support of terrorist activities” and that those defendants “supplied money to Hamas to fund terrorist operations” were sufficient to survive 12(b)(6) motion). The ATCA provides a basis for relief when an alien sues for a tort committed in violation of the law of nations. 28 U.S.C. § 1350; Kadic v. Karadzic, 70 F.3d 232, 238 (2d Cir.1995). Aircraft hijacking is considered a violation of international law, Kadic, 70 F.3d at 240, and the ATCA includes “actions premised on a theory of aiding and abetting and conspiracy.” Presbyterian Church of Sudan v. Talisman Energy, Inc., 244 F.Supp.2d 289, 311 (S.D.N.Y.2003). The ATCA, therefore, may provide a basis of recovery for those Plaintiffs who are aliens. The Federal Plaintiffs include violations of civil RICO in their complaint. Section 1962(c) makes it unlawful “for any person employed by or associated with any enterprise engaged in ... interstate or foreign commerce, to conduct or participate, directly or indirectly, in the conduct of such enterprise’s affairs through a pattern of racketeering activity.” 18 U.S.C. § 1962(c). Section 1962(d) makes it “unlawful for any person to conspire to violate any of the provisions of subsections (a), (b), or (c) of this section.” Id. § 1962(d). Section 1964 provides for a private right of action to enforce the statute. Jd. § 1964. Plaintiffs must plead an injury resulting from conduct of an enterprise through a pattern of racketeering activity. Sedima, SPRL. v. Imrex Co., Inc., 473 U.S. 479, 491 (1985). P41 In Reves v. Ernst & Young, 507 U.S. 170, 113 S.Ct. 1163, 122 L.Ed.2d 525 (1993), the Supreme Court found that liability under § 1962(c) requires that a defendant be a participant “in the operation or management of the enterprise itself.” Jd. at 185, 113 S.Ct. 1163. The Court stated: HOUSE_OVERSIGHT_017925