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OSullivan v. Deutsche Bank AG

Anti-Terrorism Act Plaintiffs Fail to Allege Financial Firms May Be Liable for Injuries

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OPINION AND ORDER  This case has been brought on behalf of members of the U.S. armed services who served in Iraq from 2003 through 2011 and were injured or killed by terrorist groups financially supported by Iran. The defendants are a number of financial institutions who are alleged to have violated laws imposing sanctions against Iran. Defendants have moved for a stay of discovery pending resolution of their motions to dismiss.1 For the reasons set forth below, the motion for a stay is granted. I. BACKGROUNDA. ComplaintThis case is brought under the Anti-Terrorism Act, 18 U.S.C. §2333 (“ATA”), as amended by the Justice Against Sponsors of Terrorism Act, Pub. L. No. 114-222, 130 Stat. 852 (2016) (“JASTA”). The crux of plaintiffs’ complaint is that the defendants provided financial services to the government of Iran or groups and entities affiliated with Iran (referred to throughout the complaint as Iran’s “Agents and Proxies”) in violation of sanctions imposed on Iran, and thereby helped Iran fund the terrorist organizations that carried out the attacks in which the plaintiffs were harmed. See Complaint, filed Nov. 9, 2017 (Docket # 1) (“Compl.”),

1-67. Since 1984, the United States has designated Iran as a “State Sponsor of Terrorism” and has implemented a variety of economic sanctions against Iran in response to Iran’s material and financial support of terrorist groups. See id.

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