Kaplan v. Lebanese Canadian Bank
| Docket Number | 19-3522 |
| Decision Date | 09 June 2021 |
Plaintiffs filed a second amended complaint (SAC), seeking (A) to hold the bank liable as a principal under the Antiterrorism Act of 1990 (ATA) for providing banking services to Hizbollah, a designated Foreign Terrorist Organization alleged to have injured plaintiffs in a series of terroristic rocket attacks in Israel in July and August 2006; and (B) to hold the bank liable as a coconspirator or aider and abettor of Hizbollah under the Justice Against Sponsors of Terrorism Act (JASTA). The district court granted defendant's motion to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6)
The Second Circuit concluded that plaintiffs having abandoned their ATA terrorism and JASTA conspiracy claims, and thus the court addressed only their JASTA...
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148 cases
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Melendez v. City of N.Y.
...and also consider materials incorporated into the complaint or properly subject to judicial notice. See Kaplan v. Lebanese Canadian Bank, SAL , 999 F.3d 842, 854 (2d Cir. 2021). To survive dismissal, Bochner must allege "sufficient factual matter, accepted as true, to state a claim to relie......
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Lelchook v. Société Générale de Banque au Liban S.A.L.
...LCB was subject to the exercise of specific personal jurisdiction in New York for ATA claims arising from the 2006 attacks. And in 2021, in Kaplan II, we held that the plaintiffs in the Licci/Kaplan litigation stated a plausible aiding-and-abetting liability claim against LCB under the ATA,......
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Vengalattore v. Cornell Univ.
...incorporated into the complaint by reference, and matters of which a court may take judicial notice. Kaplan v. Lebanese Canadian Bank, SAL , 999 F.3d 842, 854 (2d Cir. 2021) (" Kaplan ") (quoting Tellabs , 551 U.S. at 322, 127 S.Ct. 2499 ) (other internal quotation marks omitted). "The prop......
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Atchley v. AstraZeneca UK Limited
...under U.S. law. See, e.g., Honickman v. BLOM Bank SAL , 6 F.4th 487, 490-91 (2d Cir. 2021) (Hamas); Kaplan v. Lebanese Canadian Bank, SAL , 999 F.3d 842, 848 (2d Cir. 2021) (Hezbollah). Even while the United States knew of Jaysh al-Mahdi as a terrorist actor, however, it did not designate i......
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2 firm's commentaries
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Changing Anti-Terrorism Act Jurisprudence Increases Litigation Exposure
...Bank, SAL, plaintiffs alleged that the bank aided and abetted Hezbollah'an FTO'by processing wire transfers for Hezbollah affiliates. 999 F.3d 842, 846 (2d Cir. 2021). Relying on the Second Circuit's opinions in Linde and Siegel, the district court dismissed the complaint. 405 F. Supp. 3d a......
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Cryptocurrencies And Risk Under The Antiterrorism Act
...foreseeable; and (ii) whether the defendant provided knowing and substantial assistance. See, e.g., Kaplan v. Lebanese Canadian Bank, SAL, 999 F.3d 842, 856, 860 (2d Cir. 2021). The Supreme Court has recently held that for knowing and substantial assistance, a defendant must "consciously, v......
