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Case Citations [1] (Spring 2024)

handle is hein.ali/rethtort9918 and id is 1 raw text is: THE AMERICAN LAW INSTITUTE Spring 2024 Citations TORTS 3D: INTENTIONAL TORTS TO PERSONS (DRAFTS) CHAPTER 1. DEFINITIONS OF INTENTIONAL TORTS TO PERSONS; TRANSFERRED INTENT § 10. Participation in an Intentional Tort U.S.2023. Com. (c) quot. in sup. (Tent. Draft No. 3, 2018). Victims and family members of victims killed abroad in a terrorist attack sued social media platforms under the Justice Against Sponsors of Terrorism Act, alleging that defendants aided and abetted terrorist organization by knowingly allowing it and their supporters to use defendants' platforms to connect with a broader public, fundraise, and spread propaganda. The district court granted plaintiffs' motion to dismiss. The court of appeals reversed. Reversing, this court held that plaintiffs failed to sufficiently allege that, under the Act, defendants consciously and culpably participated in the terrorist attack. The court cited Restatement Third of Torts: Intentional Torts to Persons § 10 in explaining that, while defendants were not required to have known all particulars of terrorists' plan to be held liable, here, plaintiffs failed to show a close nexus between defendants' assistance and the attack, because defendants did not encourage the attack and did not otherwise provide direct, active assistance. Twitter, Inc. v. Taamneh, 143 S.Ct. 1206, 1224. C.A.D.C.2023. Com. (c) quot. in case quot. in sup. (quoting T.D. No. 3, 2018). Survivors and family members of victims of terrorist attacks against U.S. embassies in Kenya and Tanzania sued French bank, alleging that defendant was liable for the attacks, because it admitted to flouting U.S. sanctions on Sudan by providing banking services to a Sudanese bank that had a relationship with the terrorists, which enabled the terrorists to access international markets and obtain the capital to carry out the attacks. The district court granted defendant's motion to dismiss. This court affirmed, holding that plaintiffs failed to state a claim against defendant for common-law aiding and abetting. Citing Restatement Third of Torts: Intentional Torts to Persons § 10, Comment c, the court observed that, while defendant was not required to have known all particulars of the attacks to be held liable for aiding and abetting, plaintiffs did not plausibly allege that defendant was aware of the connection between the Sudanese bank and the terrorists. Ofisi v. BNP Paribas, S.A., 77 F.4th 667, 674. COPYRIGHT (2024 By THE AMERICAN LAW INSTITUTE All rights reserved Printed in the United States of America For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination.

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