United States Second Circuit
Kirschenbaum v. 650 Fifth Avenue and Related Properties, 14-1963
In an action brought by direct or indirect victims of terrorist acts linked to the Islamic Republic of Iran, against which they hold unsatisfied money judgments, contending that they are entitled to enforce these judgments against Defendants, pursuant to the Foreign Sovereign Immunities Act (FSIA) and the Terrorism Risk Insurance Act (TRIA), the District Court's grant of summary judgment to plaintiffs is vacated and remanded where: 1) defendants in this case do not equate to the 'foreign state' of Iran for purposes of the FSIA or the TRIA; 2) defendants cannot be deemed 'agencies or instrumentalities' of Iran under the FSIA, but defendants' status as 'agencies or instrumentalities' of Iran under the TRIA and their properties' status as 'blocked assets' under that statute is not foreclosed as a matter of law.
Appellate Information
- Published 2016/07/20
Judges
- WESLEY
Court
- United States Second Circuit