Posted on 09/21/2013 11:00:43 AM PDT by Zhang Fei
The Shurat Hadin - Legal Action Center told The Jerusalem Post on late Thursday night that it had won a significant battle in its terror financing case (on behalf of 22 families) against the Bank of China by convincing the New York Appellate Division to apply Israeli law and keep the case in New York.
The most dramatic aspect of the state appeals court decision was that it both reversed the lower New York court decision to apply New York law in the case in favor of Israeli law and it made this decision against recent precedents by the Federal Second Circuit Court.
The court also reaffirmed the lower court’s decision to keep the case in New York as opposed to moving it to China and rejected outright the Bank of China’s appeal to apply Chinese law instead of either Israeli or New York law.
The court itself recognized the decision as significant as Israeli law has a right to sue and receive damages for violation of specific statutes, including a uniquely Israeli statute which places wide liability on banks and others who even indirectly aid or facilitate terrorists financing.
New York law’s obligations on banks are more lenient regarding anything their clients may be involved in.
(Excerpt) Read more at jpost.com ...
If there is a legal case being tried in New York... NEW YORK LAW should apply... applying the legal code of a foreign state is outrageous. They may as well apply Sharia Law... or the bylaws of the Loyal Order of Water Buffalo... or maybe read Parker Brothers’ instructions that came in the box with Monopoly and apply that.
We should not be applying foreign law. If a foreign law is good and not in violation of our Constitution (completely ignored under Obama), then congress should pass a similar law to make it an American one.
I don’t see how this is going to end well for the plaintiff. If the case is predicated on Israeli law, then why wasn’t the legal action filed in Israel?
While I’m sure thea ChiComs did bad things, I can’t support a US court applying foreign law.
If you’d like to be on or off, please FR mail me.
..................
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.