No. 23-18

Dana Marie Bernhardt, Personally and as the Administratrix of the Estate of Jeremy Wise, et al. v. HSBC Holdings PLC, et al.

Lower Court: District of Columbia
Docketed: 2023-07-06
Status: Denied
Type: Paid
Tags: aiding-and-abetting anti-terrorism-act banking-services financial-system international-terrorism justice-against-sponsors-of-terrorism-act personal-jurisdiction terrorism-financing
Key Terms:
AdministrativeLaw JusticiabilityDoctri
Latest Conference: 2023-10-06
Question Presented (AI Summary)

Whether a foreign defendant who knowingly, willfully, and illegally moved or permitted billions of dollars to be moved through the U.S. financial system on behalf of designated and sanctioned banks is subject to Rule 4(k)(2) personal jurisdiction for claims of aiding and abetting an act of international terrorism that arose out of the provision of such funds

Question Presented (from Petition)

QUESTIONS PRESENTED Under Section 2333 of the Anti-Terrorism Act, as amended by the Justice Against Sponsors of Terrorism Act “JASTA”), U.S. nationals injured or killed by “an act of international terrorism” that is “committed, planned, or authorized by” a designated foreign terrorist organization may sue any person who “aids and abets, by knowingly providing substantial assistance, or who conspires with the person who committed such an act of international terrorism,” and recover treble damages. 18 U.S.C. § 2333(a), (d)(2). The questions presented in this case are: 1. Whether a foreign defendant who knowingly, willfully, and illegally moved or permitted billions of dollars to be moved through the U.S. financial system on behalf of designated and sanctioned banks is subject to Rule 4(k)(2) personal jurisdiction for claims of aiding and abetting an act of international terrorism that arose out of the provision of such funds. 2. Under this Court’s analysis in Twitter, Inc. v. Taamneh, 143 S. Ct. 1206 (2028), does HSBC’s intentional provision of more than nineteen billion dollars in illegal banking services to high risk and sanctioned banks, with known ties to al-Qaeda, support a JASTA cause of action for sophisticated attacks committed by al-Qaeda during the time of the illegal banking activities? u PARTIES INVOLVED The parties involved in this case are Respondents HSBC Holdings PLC (“HSBC”), HSBC Bank PLC (“HBEU”), HSBC Bank USAN.A. (““HBUS”), and HSBC North America Holdings, Inc. (“HBNA”), who were the appellees below, and Petitioners Dana Marie Bernhardt, Individually, and as the Administratrix of The Estate of Jeremy Wise, Ethan Prusinksi, Mary Lee Wise, Mary Heather Wise, Mindylou Paresi, Individually, and as the Administratrix Of The Estate Of Dane Paresi, Elizabeth Santina Paresi, Alexandra Vandenbroek, Janet Paresi, Terry Paresi, and Santina Cartisser (collectively referred to as “Petitioners”), who were the appellants below. The Islamic Republic of Iran (“Iran”) was also a defendant before the trial court in this matter but is not party to this appeal. See Fed. R. Civ. P. 54(b).

Docket Entries

2023-10-10
Petition DENIED.
2023-09-20
DISTRIBUTED for Conference of 10/6/2023.
2023-09-19
Reply of petitioners Dana Marie Bernhardt, et al. filed. (Distributed)
2023-09-06
2023-07-13
Motion to extend the time to file a response from August 7, 2023 to September 6, 2023, submitted to The Clerk.
2023-07-13
Motion to extend the time to file a response is granted and the time is extended to and including September 6, 2023.
2023-07-03
Petition for a writ of certiorari filed. (Response due August 7, 2023)
2023-04-25
Application (22A929) granted by The Chief Justice extending the time to file until July 2, 2023.
2023-04-21
Application (22A929) to extend the time to file a petition for a writ of certiorari from May 3, 2023 to July 2, 2023, submitted to The Chief Justice.

Attorneys

Dana Marie Bernhardt, et al.
Randy Darrell SingerSinger Davis, LLC, Petitioner
Randy Darrell SingerSinger Davis, LLC, Petitioner
HSBC Holdings PLC, et al.
Andrew John PincusMayer Brown LLP, Respondent
Andrew John PincusMayer Brown LLP, Respondent