Osen LLC in the News
MANHATTAN (CN) – Overturning a verdict that blamed Arab Bank for 24 Hamas attacks in Israel, the Second Circuit on Friday effectively reduced a confidential settlement won by survivors and relatives of those attacks.
After 14 years of litigation involving hundreds of victims, Gary Osen, an attorney for one of families, emphasized that the ruling still provides “meaningful and very substantial compensation for their injuries.”
“We would have liked a sweeping victory, but we’re still very satisfied with the result,” Osen said in a statement.
By CURT ANDERSON, AP Legal Affairs Writer
FORT LAUDERDALE, Fla. (AP) — The families of six Americans kidnapped and killed in Colombia during the 1990s by the FARC terrorist organization reached a settlement with banana giant Chiquita Brands International on Monday, the morning trial was to begin, according to court documents.
A notice of settlement was filed just as jury selection was to start in West Palm Beach federal court. Terms of the settlement have not been disclosed.
A Florida judge has denied a motion from the fruit company for summary judgment, meaning that in the absence of a settlement or successful legal challenges Chiquita Brands could be the first U.S. corporation to go to trial under the Anti-Terrorism Act (ATA). A court date has been set for Feb. 5.
“For the families who filed this case 10 years ago, it is gratifying to finally have their day in court,” said Gary M. Osen, managing partner of Osen LLC, the law firm that argued the motion on behalf of the plaintiffs before the district court.
“We’re confident that the evidence will show that Chiquita made a calculated business decision to pay people they knew were terrorists,” Osen said.
By Gary Osen and Ari Ungar -
Boeing’s new planes could transport bomb materiel to terrorists
When President Trump recently signed the Countering America’s Adversaries Through Sanctions Act (CAATSA), most of the public attention centered on his objections to the sanctions it imposed on Russia. Therefore, it went largely unnoticed that a key provision of the law could create serious legal liability for Boeing if it goes through with its announced sale of 30 B737 Max aircraft to Iran’s Aseman Airlines.
Boeing’s excuse for selling new airplanes to a terrorist state is that the U.S. government has determined Iran is adhering to the 2015 nuclear deal. However, that Obama administration deal left Iran’s global terrorism apparatus intact and enhanced it with lavish new funding, which it is now using to try to upgrade its logistics capabilities with modern commercial aircraft. The Trump administration must use the new authority contained within CAATSA and all other tools at its disposal to prevent this sale.
By Ardith and Tonya Dressler, AZ We See It
Our Turn: Our son, Shawn Dressler, was killed by a roadside bomb in Iraq. Here's why we're suing Iran and the financial institutions that we believe bankrolled the attack.
This summer, instead of celebrating the 33rd birthday of our son Shawn, we will mark the 10th anniversary of his murder in a terrorist attack while he was serving in the U.S. Army in Iraq. The pain of this loss has never dissipated — but it has been channeled into a commitment to bringing justice to those responsible.
BY GUEST COLUMNIST/CLEVELAND.COM
GREEN, Ohio -- Ten years ago, near the city of Kirkuk in northern Iraq, terrorists murdered our son, Matthew, changing our lives forever. In the decade since, we have realized in the most difficult ways that we will never be able to repair the loss we suffered when he was killed. But we've also discovered that we can try to hold those responsible for his death accountable for what they did - and we will do everything in our power to do so.
The 200 people involved have filed the lawsuit under the US Anti-Terrorism Act. They want a jury trial and unspecified damages from the six banks, who are Barclays, Credit Suisse, HSBC, Standard Chartered and the Royal Bank of Scotland. “They were indifferent to the criminal purposes a state sponsor of terrorism puts their money to," claimed Gary Osen, a lawyer for the plaintiffs, to the Wall Street Journal.
EAST ST. LOUIS – Lawyers who for 12 years have pursued claims that banks helped Iran sponsor terror attacks have earned the high compliment of imitation.
John Driscoll of St. Louis copied their theory and many of their facts in a suit he filed against eight banks at U.S. district court in November.
Driscoll represents estates and families of 18 persons who died in Iraq, as well as veterans who survived attacks with injuries.
He seeks damages under the federal Anti-Terrorism Act against Deutsche Bank, HSBC Bank, Barclays Bank, Standard Chartered Bank, Royal Bank of Scotland, Credit Suisse, Bank Saderat and Commerzbank.
A federal judge has allowed terrorism victims to proceed with their civil actions against two banks.
On Thursday, Eastern District Judge Dora Irizarry rejected the dismissal motions filed by Crédit Lyonnais and National Westminster Bank in their respective cases.
Plaintiffs said the banks maintained accounts for charities the Department of Treasury in 2005 called "Specially Designated Global Terrorists."
Crédit Lyonnais, headquartered in France, and National Westminster Bank, headquartered in the United Kingdom, have raised defenses including a lack of personal jurisdiction in light of the U.S. Supreme Court's 2014 ruling, Daimler AG v. Bauman, 134 S.Ct. 746.
In Strauss vs Crédit Lyonnais, 06-cv-702, and Weiss v. National Westminster Bank, 05-cv-4622, Irizarry said she had jurisdiction over the banks through New York's long-arm statute, CPLR §302(a)(1), as well as Federal Rule of Civil Procedure 4(k)(1)(C).
Both banks alternately moved for summary judgment, saying plaintiffs failed to show that as of the date of the last transfer, both several years before 2005, the banks acted with the requisite knowledge and proximately caused the injuries. Irizarry rejected the bids.
According to Gary Osen of Osen LLC, one of the plaintiffs' attorneys in the two cases, all plaintiffs were also in a lawsuit against Arab Bank, though the plaintiff set was larger in that case.
Osen was a member of the Arab Bank plaintiff legal team. On the eve of a 2015 damages trial, Arab Bank and the plaintiffs said they were settling.
Lawrence Friedman and Jonathan Blackman, partners at Cleary Gottlieb Steen & Hamilton, represented Crédit Lyonnais and National Westminster Bank.
A lawsuit by families of U.S. citizens murdered by Mexican drug cartels brought against global bank HSBC under provisions of a powerful anti-terror law could have legs, even though the gangs themselves are not currently designated as terrorist groups, say legal experts.
The civil action, released earlier this month, argues that HSBC Holdings Plc should be held responsible under the US Anti-Terrorism Act (ATA) for a series of deaths at the hands of brutal Mexican drug gangs because the institution admitted to laundering more than $880 million on behalf of the cartels as part of a $1.9 billion settlement in 2012 tied to broad anti-money laundering (AML) and sanctions failings. To read a copy of the plaintiff’s complaint, please click here.