United States Second Circuit

In this suit brought pursuant to the Antiterrorism Act, plaintiff-victims of terrorist attacks assert that defendant-Bank is liable on the basis that defendant provided material support and resources to the terrorist organization that launched the attacks. Dismissal of plaintiffs' claims against defendant is vacated and remanded with instructions to consider other arguments in support of summary judgment, where: 1) the district court misapplied the Antiterrorism Act, 18 U.S.C. section 2339B(a)(1)'s scienter requirement; and 2) there was a triable issue of fact as to whether the defendant possessed the mental state required for liability under sections 2333(a) and 2339B(a)(1).

Appellate Information

• Decided 09/22/2014
• Published 09/22/2014

Judges

• Leval

Court

• United States Second Circuit

Counsel