PAPER CHASE NEWSBURSTDigest RSS feedFull RSS feed
Serious law. Primary sources. Global perspective.


Thursday, December 04, 2008

Seventh Circuit upholds $156M verdict against Muslim charities
Jake Oresick at 8:40 AM ET

Photo source or description
[JURIST] The US Court of Appeals for the Seventh Circuit [official website] Wednesday upheld [opinion, PDF] a $156 million verdict against three US-based Islamic charities accused of aiding Hamas [BBC backgrounder, JURIST news archive] in the murder of David Boim, a 17-year-old American killed in Israel in 1996. Boim's estate sued the groups - the American Muslim Society, the Islamic Association for Palestine and the Quaranic Literacy Institute [advocacy backgrounders] - under 18 U.S.C. § 2333 [text], which allows US nationals to bring tort claims for injuries resulting from international terrorism. The judgment had previously been overturned [JURIST report] by a Seventh Circuit panel, as the defendants successfully argued that their donations, purportedly earmarked for humanitarian aid, did not satisfy causation. In the rehearsing en banc, the circuit disagreed with its previous decision, ruling a party is liable, regardless of specific intent toward the plaintiff, for knowing intent to aid a tortuous party. Judge Richard Posner [academic profile] wrote:
So if you give a person rocks who has told you he would like to kill drivers by dropping them on cars from an overpass, and he succeeds against the odds in killing someone by this means, you are guilty of providing material support to a murderer--for remember that when the primary violator of a statute is someone who provides assistance to another he is functionally an aider and abettor. The mental element required to fix liability on a donor to Hamas is therefore present if the donor knows the character of that organization.
In 2004, the US District Court for the Northern District of Illinois [official website] delivered its initial verdict [JURIST report] against the three named defendants and two others who have since been exonerated or remanded. A jury later awarded Boim's family $52 million dollars [JURIST report], which was tripled in accordance with 18 U.S.C. § 2333. Although the Seventh Circuit vacated and remanded the decision in December 2007, the plaintiffs successfully petitioned the court to rehear the case en banc.



Link | |  | print | subscribe | RSS feeds | latest newscast | Facebook page

For a one-stop snapshot of the latest legal news that matters, with breaking documents, new legal videos, live law-related webcasts, commentary by expert law professors and more - all updated through the day in real time, with no ads and no registration barriers - visit JURIST's homepage and check back often...


LATEST LEGAL NEWS

 Canada government orders deportation of female US soldier who avoided Iraq service
4:29 PM ET, January 8

 Kenya president directs AG to review controversial media bill
3:48 PM ET, January 8

 Turkish police arrest dozens over alleged coup plot
3:33 PM ET, January 8

 click for more...

Get JURIST legal news on your intranet, website, blog or news reader!

LATEST FORUM

Establishing an International Tribunal for the Mumbai Terror Suspects
FOREIGN_ONLY
Ali Khan, Washburn U.

ABOUT

Paper Chase is JURIST's real-time legal news service, powered by a team of 30 law student reporters and editors led by law professor Bernard Hibbitts at the University of Pittsburgh School of Law. As an educational service, Paper Chase is dedicated to presenting important legal news and materials rapidly, objectively and intelligibly in an accessible, ad-free format.

CONTACT

Paper Chase welcomes comments, tips and URLs from readers. E-mail us at JURIST@pitt.edu