Hollywood Attorney Preps for SCOTUS Terrorism Argument
Attorney Asher Perlin is trying to collect ancient Persian artifacts loaned to the University of Chicago to satisfy a judgment against Iran.
November 07, 2017 at 03:45 PM
4 minute read
Hollywood attorney Asher Perlin is set to argue before the U.S. Supreme Court next month in one of the most fascinating cases of the year — and his South Florida colleagues will get to see the drama unfold in advance.
Perlin will argue Jenny Rubin v. Islamic Republic of Iran before a moot court panel Wednesday at Florida International University's Brickell conference center in Miami. The sparring, open only to members of the Rosemary Barkett Appellate American Inn of Court, will open the solo practitioner to criticism from appellate experts.
The panel features former Florida Supreme Court Justice Raoul Cantero, now with White & Case in Miami, Third District Court of Appeal Judge Vance Salter and three South Florida attorneys who have prevailed before the U.S. Supreme Court: Howard Blumberg, Howard Srebnick and Harvey Sepler.
Perlin represents U.S. victims of a 1997 Jerusalem terrorist bombing carried out by Hamas, which a court found received support from Iran. The victims won a $71.5 million judgment against Iran, which did not respond to the lawsuit.
Collecting on a judgment against a foreign government is challenging because of sovereign immunity, although exceptions exist in cases of state-sponsored terrorism. The Rubin plaintiffs used a novel strategy: They filed an action in Illinois federal court to seize a collection of 30,000 ancient clay tablets from Persepolis on loan from Iran to the University of Chicago's Oriental Institute.
The district court ruled in Iran's favor, finding an immunity exception for commercial use did not apply because a third party, not Iran itself, was using the artifacts. The U.S. Court of Appeals for the Seventh Circuit affirmed, marking a split with the Ninth Circuit in a similar case, Bennett v. Islamic Republic of Iran.
Now Perlin aims to persuade the U.S. Supreme Court that the law allows attachment of all property of state sponsors of terror.
“It's important for the court to send a message that Congress meant what it said: Terrorists and those who sponsor terrorists need to be brought to justice,” he said.
The case set for argument Dec. 4 has drawn briefs from several groups underlining its implications. On one hand, keeping money out of terrorists' hands is critical, as several former U.S. counterterrorism officials wrote as amici. On the other, taking traveling artifacts from U.S. museums could be detrimental to research and education.
“Cultural artifacts are the opposite of commercial property and traditionally were never thought subject to execution,” wrote Iran's counsel, MoloLamken attorneys Jeffrey Lamken, Robert Kry and William Cooper in Washington and Gerald Meyer and Michelle Parthum in Chicago. “As the executive branch has warned, expansive constructions of immunity exceptions threaten United States interests by encouraging reciprocal actions by foreign governments.”
The U.S. government and the University of Chicago also support the Seventh Circuit's interpretation of the law. Lamken argued on behalf of Iran in the Seventh Circuit.
Perlin, who joined the case when it went to the Seventh Circuit, will do three more moot courts after the Miami panel. Rubin will be his first argument before the high court. Although he maintains an office in Hollywood, Perlin mostly works remotely from Tel Aviv, Israel, where he has lived for 20 years.
Wednesday's event is also the Barkett group's first moot court. Inn of Court President Charles “Chip” George said he chose the Rubin case without knowing there was a South Florida connection — the legal issues just jumped out, he said.
“My guess is that if push came to shove, nobody's going to actually let [Perlin] have the artifacts,” George said. “Somebody's going to ultimately pay it. But I thought it was a very creative way to find money that otherwise he couldn't get in order to get his judgment satisfied.”
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllTrailblazing Broward Judge Retires; Legacy Includes Bush v. Gore
Trending Stories
- 1Decision of the Day: Judge Reduces $287M Jury Verdict Against Harley-Davidson in Wrongful Death Suit
- 2Kirkland to Covington: 2024's International Chart Toppers and Award Winners
- 3Decision of the Day: Judge Denies Summary Judgment Motions in Suit by Runner Injured in Brooklyn Bridge Park
- 4KISS, Profit Motive and Foreign Currency Contracts
- 512 Days of … Web Analytics
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250