Terrorism Litigation

Transnational Litigation Anticipation: Previewing the Court’s Next Term

TLB recently recapped the Supreme Court’s transnational litigation cases from last Term. This post looks ahead to the upcoming Term, for which the Court has already granted certiorari in a personal jurisdiction case that may have implications for transnational litigation. TLB is also tracking several interesting petitions for certiorari in disputes involving the Foreign Sovereign…

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Russia Should Not be Designated a State Sponsor of Terrorism

Editor’s Note: This article also appears in Just Security.

Members of Congress and President Zelenskyy of Ukraine have called for U.S. Secretary of State Antony Blinken to designate Russia a state sponsor of terrorism, and late last month the Senate Foreign Relations Committee reported out a resolution to this effect. The designation would have important…

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When Terrorists Default, Should Courts Consider Personal Jurisdiction?

A case from last week, Kaplan v. Hezbollah, illustrates the intricacies of consent-based personal jurisdiction in the context of default judgments and raises questions about the due process rights of terrorist organizations (and other unpopular defendants). U.S. citizens injured by Hezbollah missile attacks in Israel sued under the Antiterrorism Act (ATA). Hezbollah did not enter…

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Section 230 and the Presumption Against Extraterritoriality

The Ninth Circuit opinion in Gonzalez v. Google (2021) raises important questions about how the presumption against extraterritoriality applies to immunity defenses invoked by social media companies under 47 U.S.C. § 230.Section 230 shields internet companies from civil liability for user-generated content hosted on their platforms. Gonzalezholds, effectively, that there is no conceivable application of…

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Afghan Central Bank Assets Should Be Immune in Cases against the Taliban

Victims of terrorist attacks who obtained default judgments against the Taliban have requested the turnover of Afghan central bank assets frozen by U.S. sanctions. Because these assets are protected by foreign sovereign immunity and because no exception to immunity is applicable, courts should not order the assets turned over to the judgement-creditor plaintiffs, despite the terrible injuries that they and their families have suffered.

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S.D.N.Y. Holds Consent-Based Personal Jurisdiction over the PLO Unconstitutional

Palestinian flag

The Southern District of New York recently held in Fuld v. Palestine Liberation Organization that a federal statute subjecting the Palestine Liberation Organization (“PLO”) to personal jurisdiction violates the Due Process Clause of the Fifth Amendment. The case adds to a growing list of important due process questions in transnational litigation.

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Ingrid (Wuerth) Brunk

Vanderbilt Law School
ingrid.wuerth@vanderbilt.eduEmail

William Dodge

UC Davis School of Law
wsdodge@ucdavis.eduEmail

Maggie Gardner

Cornell Law School
mgardner@cornell.eduEmail

John Coyle

University of North Carolina School of Law
jfcoyle@email.unc.eduEmail

Peter B. "Bo" Rutledge

University of Georgia School of Law
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Linda J. Silberman

New York University School of Law
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Geneviève Saumier

McGill University Faculty of Law
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David L. Sloss

Santa Clara University School of Law
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Philippa Webb

King's College London
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Robert Kry

MoloLamken LLP
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Katie Burghardt Kramer

DGW Kramer LLP
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Emma White

Vanderbilt Law School
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Ellen Nohle

Yale Law School
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Chris Ewell

EarthRights International
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Oona A. Hathaway

Yale Law School
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