The 2nd U.S. Circuit Court of Appeals reinstated a $656 million judgment against the Palestine Liberation Organization and the Palestinian Authority, citing a recent U.S. Supreme Court decision that upheld a 2019 law allowing these suits to proceed. The appeals court restored the original verdict on March 30 without ordering a new trial. Plaintiffs sued under the Anti-Terrorism Act, alleging Palestinian involvement or incitement; defendants maintain U.S. courts lack jurisdiction.
U.S. Appeals Court Reinstates $656M Judgment Against PLO and Palestinian Authority After Supreme Court Ruling
FILE - The Thurgood Marshall United States Courthouse sits on Foley Square, Oct. 7, 2020, in New York. (AP Photo/Mark Lennihan, File)(ASSOCIATED PRESS)
The 2nd U.S. Circuit Court of Appeals has reinstated a $656 million judgment against the Palestine Liberation Organization (PLO) and the Palestinian Authority, clearing the way for Americans killed or wounded in attacks in Israel to pursue their award in U.S. courts.
The decision, issued March 30, reverses a decade-old appeals ruling that had vacated the original verdict on jurisdictional grounds. At the time, the court held that U.S. courts could not decide lawsuits tied to overseas attacks not aimed at the United States.
The appeals court said it was restoring the original judgment in light of a U.S. Supreme Court decision last June that upheld a 2019 federal law enacted by Congress. That statute amended the legal framework to allow victims to bring claims against the PLO and the Palestinian Authority under the Anti-Terrorism Act of 1992.
“We conclude that the original judgment for the plaintiffs should be reinstated. That conclusion is consistent with the plain import of the Supreme Court’s decision,” the three-judge panel wrote.
The plaintiffs—Americans who were killed or wounded, and their family members—alleged that Palestinian operatives either took part in or incited the attacks. The Palestinian defendants have consistently argued that the cases should not be heard in U.S. courts.
Plaintiffs’ attorneys welcomed the ruling. Kent Yalowitz said families were “very relieved” that the court reinstated the award without ordering a new trial. Nitsana Darshan-Leitner said she was pleased after 22 years of litigation.
Legal Context and Next Steps
The suits were brought under the Anti-Terrorism Act, which Congress enacted in 1992 to give victims of international terrorist attacks access to U.S. courts. After the Supreme Court’s ruling affirming the 2019 statute, the appeals court concluded the earlier dismissal must be set aside.
Defendants may seek further review, and the litigation could continue as parties pursue appeals or enforcement of the judgment. Emails seeking comment were sent to attorneys for the defendants.
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