Text extracted via OCR from the original document. May contain errors from the scanning process.
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
aa
G)
ar
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
a,
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
nai
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;
HOUSE_OVERSIGHT_017831