United States Second Circuit

In an appeal from a judgment of the district court denying defendant’s motion to vacate entry of default and to dismiss plaintiffs' complaint alleging sovereign complicity in the terrorist attacks of September 11, 2001, judgment is affirmed where the court correctly held that complaint falls under the noncommercial tort exception to foreign sovereign immunity, 28 U.S.C. section 1605(a)(5), but remanded where factual issues persist with respect to whether the Taliban’s actions are attributable to Afghanistan.

Appellate Information

• Decided 11/07/2011
• Published 11/07/2011

Judges

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• PAUL J. ORFANEDES, STANLEY McDERMOTT III