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To: WayneS
Why would anyone think otherwise?

The plaintiff's legal argument was based on a law passed back in 1789, and still on the books, which says that an "alien" can sue in U.S. federal court for a "tort in violation of the law of nations." Their factual argument was that payments used to fund terrorism were funneled through bank accounts in New York.

3 posted on 04/24/2018 12:06:18 PM PDT by Lurking Libertarian (Non sub homine, sed sub Deo et lege)
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To: Lurking Libertarian

Interesting.

Is there a definition of a “tort in violation of the law of nations.”?


4 posted on 04/24/2018 12:09:49 PM PDT by WayneS (An appeaser is one who feeds a crocodile, hoping it will eat him last. - Winston Churchill)
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To: Lurking Libertarian

Too bad they didn’t have a US client who was damaged

Read Girsuvh’s opinion. Straight forward and on point


8 posted on 04/24/2018 12:45:32 PM PDT by Nifster (I see puppy dogs in the clouds)
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To: Lurking Libertarian
The plaintiff's legal argument was based on a law passed back in 1789, and still on the books, which says that an "alien" can sue in U.S. federal court for a "tort in violation of the law of nations." Their factual argument was that payments used to fund terrorism were funneled through bank accounts in New York.

Right, but it looks to me like the act was mostly intended to prevent state courts from getting involved in legitimate torts involving foreigners. Remember the federal courts do not have general jurisdiction over torts. Ordinarily one has to establish either that a federal law is involved in the dispute, or that there is a diversity of jurisdiction between the plaintiff and the defendant, just to get standing to file a tort claim in a federal court. The 1789 act grants sole jurisdiction over torts involving foreigners to the federal courts. I think that was all it was intended to do.

9 posted on 04/24/2018 1:02:37 PM PDT by SeeSharp
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