United States Second Circuit

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In re September 11 Litigation, 13-3619

In a case concerning the tremendous property damage cause by the terrorist attacks of September 11, 2001, brought by the lessees of 1, 2, 4, 5 and 7 World Trade Center against airline and security defendants, the district court's judgment in favor of defendants is: 1) affirmed in part as to the conclusions that plaintiffs are entitled to compensation only for the amount of the value that their leasehold interests lost due to the terrorist attacks, that they cannot recover their claimed consequential damages, and that pursuant to CPLR section 4545, their insurance recoveries correspond to and offset their potential tort award; 2) affirmed in part as to the finding that United Airlines had no duty to supervise the security checkpoints or detect the hijackers who boarded American Airlines Flight 11; 3) vacated in part where the court used an incorrect methodology when calculating the value by which Plaintiffs' leasehold interests declined; and 4) vacated in part where the court wrongly decided that prejudgment interest accrues at the federal funds rate on the diminution in value of Plaintiffs' leasehold estates.

Appellate Information

  • Decided 09/17/2015
  • Published 09/17/2015

Judges

  • LIVINGSTON

Court

  • United States Second Circuit

Counsel