Case Information
Licci et. al. Lebanese Canadian Bank, SAL
UNITED STATES COURT OF APPEALS THE SECOND CIRCUIT SUMMARY ORDER R ULINGS BY SUMMARY ORDER DO NOT HAVE PRECEDENTIAL EFFECT . C ITATION TO A SUMMARY ORDER FILED ON OR AFTER J ANUARY IS PERMITTED AND IS GOVERNED BY F EDERAL R ULE OF A PPELLATE P ROCEDURE 32.1 AND THIS COURT ’ S L OCAL R ULE 32.1.1. W HEN CITING A SUMMARY ORDER A DOCUMENT FILED WITH THIS COURT A PARTY MUST CITE EITHER THE F EDERAL A PPENDIX OR AN ELECTRONIC DATABASE ( WITH THE NOTATION “ SUMMARY ORDER ”). A PARTY CITING A SUMMARY ORDER MUST SERVE A COPY OF IT ON ANY PARTY NOT REPRESENTED BY COUNSEL .
At stated term United States Appeals Second Circuit, held at Thurgood Marshall Courthouse, Foley Square, City New York, th day August, two thousand sixteen.
PRESENT: ROBERT D. SACK,
RICHARD C. WESLEY,
GERARD E. LYNCH,
Circuit Judges.
____________________________________________ LICCI,
guardian Elihav Yehudit Licci, al., ELIHAV LICCI,
YEHUDIT LICCI, TZVI HIRSH, ARKADY GRAIPEL,
TATIANA KREMER, YOSEF ZARONA, TAL SHANI,
SHLOMO COHEN, NITZAN GOLDENBERG, RINA
DAHAN, RAPHAEL WEISS, AGAT KLEIN, TATIANA
KOVLEYOV, VALENTINA DEMESH, RIVKA EPON,
JOSEPH MARIA, IMMANUEL PENKER, ESTHER
PINTO, AVISHAI REUVANCE, ELISHEVA ARON,
CHAYIM KUMER, SARAH YEFET, SHOSHANA
SAPPIR, RAHMI GUHAD Fuad Ghanam
by his mother and natural guardian Suha
Ghanam, FUAD SHCHIV GHANAM, individually,
SUHA SHCHIV individually, MA ʹ AYAN
ARDSTEIN, a minor, by her father and natural guardian,
Brian Ardstein, and by her mother and natural guardian,
Keren Ardstein, NOA ARDSTEIN, a minor, by her
father and natural guardian, Brian Ardstein, and by her
mother and natural guardian, Keren Ardstein, NETIYA
YESHUA ARDSTEIN, a minor, by her father and natural
guardian, Brian Ardstein, and by her mother and natural
guardian, Keren Ardstein, ARIEL CHAIM ARDSTEIN, a
minor, by her father and natural guardian, Brian
Ardstein, and by her mother and natural guardian Keren
Ardstein, BRIAN ARDSTEIN, individually, KEREN
ARDSTEIN, individually, MARGALIT RAPPEPORT, a
minor, by her mother and natural guardian, Laurie
Rappeport, LAURIE RAPPEPORT, individually, ORNA
MOR, YAIR MOR, MICHAEL FUCHS, ESQ., MUSHKA
KAPLAN, a minor, by her father and natural guardian
Chaim Kaplan, and by her mother and natural guardian
Rivka Kaplan, ARYE LEIB KAPLAN, minor, by his
father and natural guardian Chaim Kaplan, and by his
mother and natural guardian Rivka Kaplan,
MENACHEM KAPLAN, minor, by his father and
natural guardian Chaim Kaplan, and by mother and
natural guardian Rivka Kaplan, CHANA KAPLAN, by her and natural guardian Chaim
Kaplan, her mother guardian Rivka
Kaplan, EFRAIM LEIB KAPLAN, Chaim Rivka Kaplan, CHAIM KAPLAN,
individually, RIVKA KAPLAN, individually,
ROCHELLE SHALMONI, OZ SHALMONI, DAVID
OCHAYON, MAIMON, MIMI BITON,
MIRIAM JUMA ʹ A, as personal representative
estate Fadya Juma ʹ a, MIRIAM JUMA ʹ A, individually,
SALAH JUMA ʹ A, personal representative
estate Samira Juma ʹ a, SALAH JUMA ʹ A, individually,
SAID JUMA ʹ A, individually, ABD EL RAHMAN
JUMA ʹ A, personal representative estate
Samira Juma ʹ a, ABD EL ‐ RAHMAN JUMA ʹ A,
individually, RAHMA ABU SHAHIN, ABDEL GAHNI, personal representative estate Soltana Juma ʹ a
and individually, SHADI SALMAN AZZAM,
personal representative estate Manal Camal
Azam, KANAR SHA ʹ ADI AZZAM, a minor, by his
father and natural guardian, Shadi Salman Azzam,
ADEN SHA ʹ ADI AZZAM, a minor, by his father and
natural guardian, Shadi Salman Azzam, SHADI
SALMAN AZZAM, individually, ADINA
MACHASSAN DAGESH, ARKADY SPEKTOR, YORI
ZOVREV, MAURINE GREENBERG, JACOB
KATZMACHER, DEBORAH CHANA KATZMACHER,
CHAYA KATZMACHER, MIKIMI STEINBERG, JARED
SAUTER, DANIELLE SAUTER, ABUTBUL,
ABRAHAM NATHAN MOR, a minor, by his father and
natural guardian, Zion Mor, and by mother and
natural guardian, Revital Mor, BAT ZION MOR,
minor, by her father and natural guardian, Zion Mor,
and by her mother and natural guardian, Revital Mor,
MICHAL MOR, minor, by her father and natural
guardian, Zion Mor, and by her mother and natural
guardian, Revital Mor, ODED CHANA MOR, her natural guardian, Zion Mor, and by
her mother guardian, Revital Mor, ZION
MOR, individually, REVITAL MOR, individually,
ADHAM MAHANE TARRABASHI, JIHAN KAMUD
ASLAN, ZOHARA LOUIE SA’AD, IYAH ZAID
GANAM,
Ziad Ghanam, Gourov Tisir Ghanam, ZIAD SHCHIV individually, GOUROV TISIR GHANAM,
individually, THEODORE GREENBERG, EMILLA
SALMAN ASLAN, Appellants,
Lebanese Canadian Bank, SAL,
Defendant Appellee
American Express Bank, Ltd.,
Defendant .
____________________________________________
FOR APPELLANTS: MEIR KATZ (Robert J. Tolchi, on the brief ), Berkman
Law Office, LLC, Brooklyn, NY. APPELLEE: JONATHAN D. SIEGFRIED (Douglas W. Mateyaschuk,
Peter J. Couto, the brief ), Petrillo Klein & Boxer LLP, New York, NY.
Appeal from the United States District Court for the Southern District New York (Daniels, J. ).
UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED AND DECREED the order the District Court AFFIRMED PART. Appellants (“Plaintiffs”) appeal from decision order District Southern District New York (Daniels, J. ). *5 We assume the parties’ familiarity with the underlying facts, the procedural history, the issues presented for review. [2]
We review the District Court’s dismissal of an action on collateral estoppel grounds de novo. Johnston v. Arbitrium (Cayman Is.) Handels AG, 198 F.3d 346 (2d Cir. 1999). For substantially the reasons stated the court below, we find that the Antiterrorism Act (“ATA”) claims, 18 § 2331 seq. are barred under the doctrine collateral estoppel. A party is collaterally estopped from raising an issue if “(1) the identical issue was raised in previous proceeding; (2) the issue was actually litigated decided in the previous proceeding; (3) the part[ies] had full fair opportunity litigate the issue; (4) the resolution the issue was necessary support valid final judgment the merits.” Wyly v. Weiss, 697 F.3d 141 (2d Cir. 2012). contend collateral estoppel does not bar their ATA because judgment in the prior proceeding was “non final.” This
argument is unavailing, decision for Columbia in Kaplan v. Cent. Bank Islamic Republic Iran, F. Supp. 2d (D.D.C. 2013) (“ Central Bank ”) final *6 purposes of collateral estoppel, see Lummus Co. v. Commonwealth Oil Ref. Co. , 297 F.2d 80, 82 (2d Cir. 1961), satisfies all conditions collateral estoppel, see Wyly, 697 F.3d at Plaintiffs’ attempt to treat Kaplan v. Central Bank , final decision, v. Hezbollah No. CV 00646 (D.D.C. Apr. 2009), non final decision, single case, unavailing.
In addition, Court did not abuse its discretion in refusing exercise supplemental jurisdiction over Israeli state law light its dismissal all federal law claims. See §§ 1367(a), (c); Lundy Catholic Health Sys. Long Island, Inc. F.3d (2d Cir. 2013).
Accordingly, we AFFIRM PART Plaintiff’s ATA Israeli state law claims. THE COURT: Catherine O’Hagan Wolfe, Clerk
[1] This summary order affirms Court’s judgment with regard all Plaintiffs’ except those under Alien Tort Statute (“ATS”), § This summary order accompanying opinion, al. Lebanese Canadian Bank, SAL which addresses ATS claims, combine affirm Court’s toto .
[2] These facts are described further detail in accompanying opinion, see ‐