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In re September 11 Litigation

621 F. Supp. 2d 131 (2009)

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In re September 11 Litigation

United States District Court for the Southern District of New York
621 F. Supp. 2d 131 (2009)

Facts

Those with claims for wrongful death and property damage arising out of the September 11 terrorist attacks (plaintiffs) filed a variety of suits against several airlines (defendants) for their alleged negligence in failing to stop the attacks. The defendants’ collective defense was that the terrorist attacks would have happened regardless of any acts or omissions by the defendants. In support of this defense, the defendants sought to introduce a document containing the substituted testimony of Khalid Sheikh Mohammed, a terrorist involved with the attacks. The substituted testimony was admitted at the punishment phase of another terrorist’s criminal trial. The document containing the substituted testimony was obtained by government intelligence during Mohammed’s custody at Guantanamo Bay. The document was a summary of his responses during interrogation and was written and compiled by multiple interrogators over time. In the criminal trial it was offered in, the defense stipulated to its admission.

Rule of Law

Issue

Holding and Reasoning (Hellerstein, J.)

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