United States Second Circuit

In proceedings involving efforts to collect on a default judgment against Iran and in favor of the family of an individual severely injured in a 1996 suicide bombing in Jerusalem, an order granting plaintiff's motion for appointment of receiver to attach defendant's property in satisfaction of the prior judgment is affirmed where: 1) section 201(a) of the Terrorism Risk Insurance Act provided courts with subject matter jurisdiction over post-judgment execution and attachment proceedings against property held in the hands of an instrumentality of the judgment-debtor, even if the instrumentality was not itself named in the judgment; 2) Congress, by virtue of providing subject matter jurisdiction over execution and attachment proceedings based in part on the Office of Foreign Asset Control's determination of what assets were blocked, did not unconstitutionally delegate its authority to the Executive Branch; and 3) there was no conflict between the TRIA and the Treaty of Amity, Economic Relations, and Consular Rights.

Appellate Information

• Argued 02/17/2010
• Decided 06/15/2010
• Published 06/15/2010

Judges

• RAKOFF, District Judge., Before KEARSE and HALL, Circuit Judges, and RAKOFF, District Judge.

Court

• United States Second Circuit

Counsel

• For Appellees:
  
• Laina C. Lopez, Berliner, Corcoran & Rowe, LLP, Washington, DC (Thomas G. Corcoran, Jr., Berliner, Corcoran & Rowe, LLP, Washington, DC, John N. Romans, Law Office of John N. Romans, Mamaroneck, NY, on the brief), for Respondent-Appellant., Robert J. Tolchin, Jaroslawicz & Jaros, New York, NY, for Plaintiff-Appellee.