The lawyer for a Middle Eastern bank being sued by thousands of plaintiffs for allegedly providing services to terror groups and handling accounts used to pay the families of Palestinian “martyrs” yesterday asked the U.S. Court of Appeals for the Second Circuit to block Eastern District Judge Nina Gershon (See Profile) from imposing what he said were “disastrous” sanctions on the bank. The Jordan-based Arab Bank was ordered by Judge Gershon in 2010 to turn over bank records or face an instruction at trial where the jury could infer the bank knowingly offered services to Hamas and other groups. Arab Bank argued it would violate the laws on bank secrecy if it provided the records, an argument rejected by Judge Gershon. The bank then turned to the circuit by filing a petition for a writ of mandamus, saying the sanctions violate due process, violate international comity and rest on an erroneous view of the evidence.
See briefs filed by the bank and the plaintiffs.
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