Terrorist-supporting leftist judge will be overruled.

 

B

 

http://www.bloomberg.com/news/2010-12-03/iran-held-immune-from-effort-to-col
lect-2-6-billion-terror-bomb-judgment.html

 

Iran Spared From Paying $2.6 Billion Over Terror Bomb

By Pamela Maclean - Dec 3, 2010 3:55 PM ET 

A federal appeals panel ruled that families of 241 soldiers killed in the
1983 U.S. Marine barracks bombing in Beirut can't collect their portion of a
$2.6 billion court judgment by diverting Iran's rights to payment from a
French shipping company. 

In 2007, a federal judge in Washington ordered Iran to pay the $2.6 billion,
one of the largest awards against any country, in part to deter terrorists
and to help survivors cope. Iranian officials didn't appear in court to
contest the case and Iran has ignored similar orders. 

The families began attempts to collect the money by submitting 15 motions in
federal court in San Francisco, each naming a different shipping company
that allegedly owed payments to Iran. The families aimed to win orders that
the companies must divert payments to cover the judgment. 

While Iran didn't try to challenge the claims, U.S. District Judge Jeffrey
White
<http://search.bloomberg.com/search?q=Jeffrey%20White&site=wnews&client=wnew
s&proxystylesheet=wnews&output=xml_no_dtd&ie=UTF-8&oe=UTF-8&filter=p&getfiel
ds=wnnis&sort=date:D:S:d1&partialfields=-wnnis:NOAVSYND&lr=-lang_ja>  raised
the issue of Iran's foreign sovereign immunity rights from such claims and
ultimately refused to order the diversion of the payments. The U.S. Court of
Appeals in San Francisco upheld that decision today in a 2-1 ruling. 

"It is the plaintiff's burden to prove that an exception to immunity applies
if it is readily apparent that the property at issue belongs to a foreign
state" the appeals court said. 

Peter Buscemi
<http://search.bloomberg.com/search?q=Peter%20Buscemi&site=wnews&client=wnew
s&proxystylesheet=wnews&output=xml_no_dtd&ie=UTF-8&oe=UTF-8&filter=p&getfiel
ds=wnnis&sort=date:D:S:d1&partialfields=-wnnis:NOAVSYND&lr=-lang_ja> ,
attorney for French shipper CMA CGM SA, the company whose payments to Iran
were at issue in today's case, didn't immediately respond to a phone call
seeking comment. 

"As a result of the ruling, our recourse against the shipping company is at
an impasse," said David Cook, attorney for the families. 

Cook said he will consider both legal appeals and legislative reforms. 

"The message to multinationals who deal with Iran is that the victims of
state-sponsored terrorism will continue to seek recompense," he said. "We
are free to proceed against other assets of Iran in the United States, or
can repatriate it from other jurisdictions outside the U.S." 

Enforcement efforts continue elsewhere, including proceedings against
ancient Iranian Cuniform tablets held by the University of Chicago, he said.


U.S. Justice Department spokesman Charles Miller
<http://search.bloomberg.com/search?q=Charles%20Miller&site=wnews&client=wne
ws&proxystylesheet=wnews&output=xml_no_dtd&ie=UTF-8&oe=UTF-8&filter=p&getfie
lds=wnnis&sort=date:D:S:d1&partialfields=-wnnis:NOAVSYND&lr=-lang_ja>
declined to comment on the case. Iran didn't enter the case as a party. 

The case is Peterson v. Islamic Republic of Iran, 08-17756, U.S. Court of
Appeals for the Ninth Circuit (San Francisco). 

 



[Non-text portions of this message have been removed]



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