NEW YORK, Nov 13 (Reuters) - A U.S. appeals court on
Wednesday threw out a $1.68 billion judgment against Iran's
central bank that had been won by family members of troops
killed and injured in the 1983 bombing of the U.S. Marine Corps
barracks in Beirut.
The 2nd U.S. Circuit Court of Appeals in Manhattan said a
lower court judge should have addressed questions of state law
before ruling against Bank Markazi and Luxembourg intermediary
Clearstream Banking, a unit of Deutsche Boerse.
In a 3-0 decision, the panel also rejected a claim that a
2019 federal law designed to make it easier to seize Iranian
assets held outside the United States waived Bank Markazi's
sovereign immunity.
That law "neither abrogates Bank Markazi's jurisdictional
immunity nor provides an independent grant of subject matter
jurisdiction," Circuit Judge Robert Sack wrote.
The court returned the case to U.S. District Loretta Preska
in Manhattan to address state law questions in the 11-year-old
case, and whether the case can proceed at all in Bank Markazi's
absence.
Bombing victims sought to hold Iran liable for providing
material support for the Oct. 23, 1983, suicide attack that
killed 241 U.S. service members, by seizing bond proceeds held
by Clearstream in a blocked account on Bank Markazi's behalf.
Bank Markazi claimed immunity under the Foreign Sovereign
Immunities Act, which generally shields foreign governments from
liability in U.S. courts.
Lawyers for the plaintiffs did not immediately respond to
requests for comment. Bank Markazi's and Clearstream's lawyers
did not immediately respond to similar requests.
Iran, other U.S.-designated sponsors of terrorism, and banks
accused of providing services to terrorists face thousands of
claims in U.S. courts by victims and their families. It is often
difficult for these claimants to collect judgments.
In the Bank Markazi case, the plaintiffs sued in 2013 to
partially satisfy a $2.65 billion default judgment they had won
against Iran in 2007.
Another judge dismissed the case in 2015, but the 2nd
Circuit revived it in 2017.
Then in 2020, the U.S. Supreme Court ordered a fresh review
in light of the 2019 law, which then-President Donald Trump
signed as part of the National Defense Authorization Act.
The plaintiffs have said they hold more than $4 billion of
judgments against Iran and have been unable to collect for
decades.
The case is Peterson et al v. Bank Markazi et al, 2nd U.S.
Circuit Court of Appeals, No. 15-690.