Lawsuits for Terrorist Attacks

Experienced Legal Representation for American Victims and Families in Lawsuits Against State Sponsors of Terrorism and Other Foreign Entities

Attorney Nick Oberheiden
JASTA Lawsuit Claims
Team Lead

United States victims of terrorist attacks and their families have clear legal rights under federal law. These include the right to pursue legal action in many cases. From foreign countries to foreign financial institutions, various parties can be held liable for monetary damages in lawsuits involving terrorist attacks, and victims and families can pursue justice in US federal district court.

At Oberheiden P.C., we represent victims of terrorism and their families in all types of terrorism-related lawsuits under federal law. We are passionate about seeking justice for our clients, and we are committed to holding all legally responsible parties fully accountable. We represent US citizens and residents in cases involving personal injuries and wrongful death caused by all types of terrorist attacks, as well as cases involving hostage-taking and other violations of international law.

Lawsuits Under the Justice Against Sponsors of Terrorism Act (JASTA)

Increasingly, victims of terrorism and their families are using JASTA to pursue lawsuits involving terrorist acts perpetrated by Al Qaeda (including the 9/11 highjackings), Boko Haram, Hamas, ISIS, Palestinian Islamic Jihad, and other terrorist organizations. Filing a lawsuit under JASTA does not involve filing a lawsuit against a terrorist organization directly. Instead, it involves filing a lawsuit against a foreign state (such as Israel, Iran, Saudi Arabia, or Syria) that is accused of providing material support to a terrorist organization or otherwise aiding or abetting the commission of a terrorist attack.

JASTA Expands Victims’ and Families’ Rights Under the Anti-Terrorism Act (ATA) and Foreign Sovereign Immunities Act (FSIA)

Enacted by Congress in 2016, JASTA expands victims’ and families’ rights under the Anti-Terrorism Act (ATA) and Foreign Sovereign Immunities Act (FSIA). While foreign states are generally entitled to sovereign immunity, these statutes establish a terrorism exception.

JASTA expands this terrorism exception to allow lawsuits in cases involving foreign states’ indirect involvement in, and indirect responsibility for, terrorist activities. For example, if a foreign state is accused of supporting Hamas, which is labeled as a foreign terrorist organization, this can potentially justify a lawsuit under JASTA.

The Federal Government Can Still Step Into Lawsuits Under JASTA in Appropriate Circumstances

While JASTA expands victims’ right to pursue lawsuits when they have been injured and families’ rights to pursue lawsuits when a loved one has been killed in a terrorist attack, the federal government can still step into lawsuits filed under JASTA in appropriate circumstances.

Specifically, JASTA allows the government to intervene in a lawsuit if it is, “engaged in good-faith discussions with the foreign state defendant concerning the resolution of the claims against the foreign state, or any other parties as to whom a stay of claims is sought.” Our attorneys are intimately familiar with the federal government’s authority to intervene in terrorism-related cases filed in federal district court under JASTA; and, if the government intervenes in your case, we can respond accordingly.

Exceptions to Federal Attachment Immunity Under the FSIA Ensure that Foreign Governments Can Be Held Accountable

While foreign governments enjoy immunity from having their assets used to satisfy civil judgments in many cases (a protection referred to as “attachment immunity”), exceptions apply here as well.

If your lawsuit is successful, we can rely on the exceptions to federal attachment immunity under the FSIA to seek justice on your behalf if necessary. We are fully committed to securing the monetary damages our clients deserve; and, whether you were injured or a loved one was killed, we are prepared to take all necessary and appropriate legal action on your behalf.

The U.S. Victims of State Sponsored Terrorism Fund (VSST Fund) Also Provides a Source of Financial Recovery for Lawsuits Filed Under JASTA

The VSST Fund also provides a source of financial recovery for successful lawsuits filed under JASTA. If necessary, we can file a claim under the VSST Fund on your behalf as well. This is specifically an option in cases involving damages awarded against state sponsors of terrorism—including state sponsors in the Middle East (i.e., Iran) and other regions around the globe.

Lawsuits Under the Alien Tort Statute (ATS)

While JASTA allows victims and families to pursue claims against foreign governments, the Alien Tort Statute (ATS) allows victims and families to pursue similar claims against other entities that are directly or indirectly responsible for injuries and deaths resulting from terrorist acts. The ATS applies in cases involving torture and other terrorist acts as well.

The Supreme Court Has Held that Sovereign Immunity Under the FSIA Does Not Protect Foreign Individuals or Companies

In 2010, the U.S. Supreme Court ruled that the FSIA does not afford sovereign immunity to individuals or companies. This paved the way for individuals who have been injured in terrorist attacks and family members of victims who lost their lives to file lawsuits against non-government entities that deserve to be held responsible for terrorist acts committed by Hamas and other groups.

This includes attacks that have killed or injured thousands (like the 9/11 attacks) as well as acts of torture and other terrorist activities.

The ATS Grants Federal Courts Jurisdiction Over Terrorism-Related Lawsuits Targeting Foreign Individuals and Companies

Under the Anti-Terrorism Act (ATS), federal courts have jurisdiction over terrorism-related lawsuits targeting foreign individuals and companies. Victims of terrorist attacks and their family members can pursue lawsuits related to terrorist acts committed by factions of the Palestine Liberation Organization in the 2000s, Hamas in present day, and other attacks committed in the US and around the world.

These lawsuits can target financial institutions and other parties responsible (either directly or indirectly) for financing or otherwise facilitating terrorist activities.

The ATS Allows Innocent Victims and Family Members to File Terrorism-Related Lawsuits in Cases Involving Violations of International Law and US Treaties

A key aspect of the ATS is that it allows financial institutions and other parties to be held accountable for violations of international law and US treaties—not solely violations of US law. This substantially expands the grounds on which victims and their families can seek justice in federal district court.

Congress specifically drafted the ATS in this manner to help ensure that victims and families could pursue terrorism-related claims in as many circumstances as possible.

Similar to Lawsuits Under JASTA, Lawsuits Under the ATS Require Highly Experienced Legal Representation

Similar to JASTA, lawsuits under the ATS require highly experienced legal representation. These are complex cases, and appeals (including appeals to the US Supreme Court) may be necessary in some cases.

Even when an appeal isn’t required, holding the responsible parties accountable will present a variety of complex challenges, so it is imperative that all US citizens and residents who need to file claims under these laws have an experienced legal team on their side.

About Oberheiden P.C.

At Oberheiden P.C., we provide experienced legal representation for terrorism-related lawsuits under JASTA and the ATS. Here are some key facts to know about our law firm:

Our legal team is led by founding attorney Nick Oberheiden, PhD. Nick has been featured by numerous media outlets, including The Wall Street Journal, the New York Post, and Fox News.
Along with Dr. Oberheiden, our legal team includes several former prosecutors with the U.S. Department of Justice (DOJ).
Our legal team also includes former high-ranking agents with the U.S. Department of Homeland Security and various other federal agencies.
We have extensive experience representing clients in federal court, and we have a proven record of success holding parties accountable for our clients’ losses in accordance with federal law.
Our attorneys are available to handle all types of claims under JASTA and the ATS. This includes claims against state sponsors of terrorism like Iran and Syria, as well as other foreign governments and non-governmental foreign entities that share responsibility for attacks perpetrated by Hamas and other foreign terrorist groups.

FAQs: Filing a Lawsuit for an Attack Carried Out By a Foreign Terrorist Organization

Does the Federal Government Provide Financial Compensation to Victims of Terrorist Attacks and Their Families?

Generally speaking, no. In order to seek justice for terrorist acts, victims and their family members must typically engage a law firm to file suit in federal court. Our firm handles terrorism-related lawsuits against foreign nations and other foreign entities responsible for providing material support to terrorist organizations.

What Laws Protect Victims of Terrorism in the United States?

The primary laws that protect victims of terrorism in the United States are the Justice Against Sponsors of Terrorism Act (JASTA) and the Alien Tort Statute (ATS). These federal laws allow victims and families to file lawsuits seeking monetary compensation for attacks committed by terrorist organizations operating in the United States, Iran, Israel, Saudi Arabia, Syria, and other countries around the world.

These terrorist organizations include Hamas, among many others.

How Do I File a Lawsuit to Seek Monetary Compensation for a Terrorist Attack?

Seeking monetary compensation for a terrorist attack committed by Hamas or another terrorist group involves filing a lawsuit in federal court. This is a complex process, so experienced legal representation is essential. Our law firm represents victims and family members of victims who were killed in attacks in federal court proceedings under JASTA and the ATS.

Can Victims and Families File Terrorism-Related Lawsuits for Terrorist Acts Committed in Foreign Countries (i.e., Israel and Other Countries in the Middle East)?

Yes, under federal law, victims and families can file lawsuits related to terrorist acts committed by Hamas and other organizations in Israel and other countries throughout the Middle East. In fact, victims and families can file lawsuits related to terrorist acts committed all over the world.

Can You Sue a Foreign Entity in the United States in Relation to a Terror Attack?

Yes, survivors and families can file lawsuits against foreign entities in the United States in relation to both domestic and international terrorist attacks. As these lawsuits gain more publicity (we have recently seen The New York Times and other outlets covering these cases), we expect that more survivors and families will come forward as well.

We Represent American Victims of International Terrorism in Lawsuits Involving Terrorist Attacks – Contact Us for a Free Consultation

If you have questions about filing a lawsuit to seek justice for an act of international terrorism, we strongly encourage you to contact us for a free consultation. We can handle your case in federal district court, and we can work with the federal government on your behalf as necessary.

To speak with a senior attorney at Oberheiden P.C. in confidence, please call 888-680-1745 or contact us online today. We handle these cases at no out-of-pocket cost to our clients.