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Terrorism Cases Prior To Sept. 11, 2001

United States v. Rezaq Omar Mohammed (Air Egypt Flight 648 Highjacking):


United States v. Mohammed A. Salameh et al. (World Trade Centers Bombing Trial I):


United States v. Wadih El-Hage (East Africa Embassy Bombing Case):


United States v. al-Mughassil (Khobar Towers):


United States v. Abu Doha (LAX Millenium Bombing Case):


United States v. John Doe et al. (Pan Am Flight 73 Hijacking):


United States v. Usama bin Laden, et al. / In Re: Terrorist Bombings of U.S. Embassies in East Africa


United States v. Mokhtar Haouari (LAX Millenium Bombing Case):


Airline Liability for Terrorist Acts

Shah v. Pan American World

  • U.S. Court of Appeals - 2nd Circuit Fraudulent misrepresentations made by the airline in its advertisements on improved airport security may constitute "wilful misconduct" within Article 25(1) of the Warsaw Convention, resulting in the lifting of the $75,000 liability limit for death or bodily injuries. Jun 15, 1998

Stanford et al. v. Kuwait Airways Corp. et al.

  • U.S. Court of Appeals - 2nd Circuit Defendant Middle Eastern Airlines owed passengers aboard a Kuwait Airways flight a duty to use due care to avoid the known risk of hijacking, where defendant transported hijackers with suspicious ticketing arrangements who subsequently connected with the Kuwait Airways flight and hijacked it. Jul 16, 1996

Pescatore v. Pan American World Airways, Inc. et al. (Lockerbie - Pan Am Flight 103):

  • a href="http://caselaw.lp.findlaw.com/scripts/getcase.pl?navby=search&case=/data2/circs/2nd/957637.html">U.S. Court of Appeals - 2nd Circuit The substantive law governing damages is determined by the choice of law principles of the forum jurisdiction. Sep 9, 1996

Civil Suits Against Terrorists and Terrorist Organizations

Rein et al. v. Socialist People's Libyan Arab Jamahiriya et al. (Lockerbie - Pan Am Flight 103):

  • U.S. Court of Appeals - 2nd Circuit In 1996, the Foreign Sovereign Immunities Act was amended to deny foreign states that have been designated as state sponsors of terrorism, immunity from damage actions for personal injury or death resulting from aircraft sabotage. This was not an unconstitutional delegation of legislative power. Dec 15, 1998

Smith et al. v. Socialist People's Libyan Arab Jamahiriya (Lockerbie - Pan Am Flight 103):

  • U.S. Court of Appeals - 2nd Circuit The Foreign Sovereign Immunities Act prohibits victims of an aircraft bombing from bringing civil suit against a foreign state even where the foreign state allegedly, through its agents, deliberately caused the bombing. Nov 26, 1996

Foreign Terrorist Organizations

Humanitarian Law Project et al. v. John Ashcroft:


National Council of Resistance of Iran et al. v. U.S. Department of State et al.:

  • U.S. Court of Appeals - DC Circuit The Secretary of State violated the Due Process Clause of the Fifth Amendment of the United States Constitution when, without notice, it designated the National Council of Resistance of Iran as a foreign terrorist organization with the resultant interference with their rights to obtain and possess property and the rights of their members to enter the United States. Jun 8, 2001

People's Mojahedin Organization of Iran et al. v. U.S. Department of State et al.:

  • U.S. Court of Appeals - DC Circuit Denied the People's Mojahedin Organization of Iran's and the Liberation Tigers of Tamil Eelam's petitions for judicial review of the Secretary of State's designation of them as foreign terrorist organizations. Jun 25, 1999

Pre-boarding Searches

El Al Israel Airlines, Ltd. v. Tseng:


United States v. Edwards

  • U.S Court of Appeals - Second Circuit, 498 F.2d 496, 500 (2d Cir. 1974). “When the risk is the jeopardy to hundreds of human lives and millions of dollars of property inherent in the pirating or blowing up of a large airplane, that danger alone meets the test of reasonableness, so long as the search is conducted in good faith for the purpose of preventing hijacking or like damage and with reasonable scope and the passenger has been given advance notice of his liability to such a search so that he can avoid it by choosing not to travel by air.”

International Search and Seizure

United States v. Verdugo-Urquidez:

  • United States Supreme Court, 494 U.S. 259 (1990). The Fourth Amendment does not apply to the search and seizure by United States agents of property owned by a nonresident alien and located in a foreign country. Feb 28, 1990

Selective Prosecution

United States v. Chafat Al Jibori

  • U.S. Court of Appeals - 2nd Circuit Defendant Al Jibori, an Iraqi, was convicted of presenting a false passport. The government acknowledged that the fact that Al Jibori was from the Middle East played a role in his prosecution. However, the government's showing of eight substantially similar prosecutions during the relevant times period, five of which were of individuals not from the Middle East, met its burden of production to defeat defendant's selective prosecution motion. Jun 30, 1998
  • U.S. Court of Appeals - 2nd Circuit Jul 1, 1996

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