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Nahl v. Jaoude

968 F.3d 173 (2020)

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Nahl v. Jaoude

United States Court of Appeals for the Second Circuit
968 F.3d 173 (2020)

Facts

Jordanian businessman Ghazi Abu Nahl and his corporation, Nest Investments Holding Lebanon (collectively, Nahl) (plaintiffs) owned a 24 percent stake in the Lebanese Canadian Bank (LCB) (defendant). LCB was liquidated in 2011 after the United States identified it as a financial institution of money-laundering concern. The liquidation harmed the financial interests of LCB’s shareholders, including Nahl. Nahl sued LCB and its former managers (defendants) in a United States district court under the Alien Tort Statute, a jurisdictional statute allowing foreign nationals to pursue a tort claim in federal court if the alleged tort violates international law. Nahl alleged that the managers used LCB to facilitate a money-laundering system that benefited Hezbollah, an organization that used laundered funds to commit terrorist attacks on civilians. Nahl claimed that facilitating such a scheme violated an international-law prohibition against financing terrorism, giving the federal court jurisdiction under the Alien Tort Statute. The district court agreed and allowed Nahl’s complaint. The managers filed an interlocutory appeal to challenge the court’s jurisdiction, arguing that the Alien Tort Statute was not applicable because there was no international law prohibiting nonstate actors from financing terrorism.

Rule of Law

Issue

Holding and Reasoning (Lynch, J.)

Concurrence (Walker, J.)

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