Strauss v. Crédit Lyonnais, S.A.

5 Citing cases

  1. Honickman v. Sal

    432 F. Supp. 3d 253 (E.D.N.Y. 2020)   Cited 11 times   1 Legal Analyses
    Finding "knowing" prong of Halberstam ’s third element unmet where, inter alia , "none of the factual allegations in Plaintiffs’ complaint suggest that BLOM knowingly encouraged Hamas’ violent activities, such as those which caused Plaintiffs’ injuries"

    However, as discussed in detail above, Plaintiffs allege no facts establishing a jury question as to whether Defendant generally was aware that it played a role in any of Hamas's, or even Interpal's, or the Union of Good's violent or life-endangering activities. Evidence that Defendant knowingly provided banking services to a terrorist organization, without more, is insufficient to satisfy JASTA's scienter requirement."); Strauss v. Credit Lyonnais, S.A. , 379 F. Supp. 3d 148, 164 (E.D.N.Y. 2019) (same); Siegel , 2018 WL 3611967, at *4 (finding claim insufficient where defendant bank allegedly aided and abetted another bank, which was known to support terrorism). With this guidance in mind, the Court considers whether Plaintiffs have plausibly alleged that, by providing financial services to the Three Customers, BLOM generally assumed a role in Hamas' violent or life-endangering activities.

  2. Matanya v. Lyonnais

    No. 19-865(L) (2d Cir. Apr. 7, 2021)

    The court also denied plaintiffs' motion for leave to file an amended complaint to allege that CL is liable for the attacks as an aider and abetter, concluding that, given the record on the summary judgment motion, such an amendment would be futile. See Strauss v. Crédit Lyonnais, S.A., 379 F.Supp.3d 148 (E.D.N.Y. 2019).

  3. King v. Habib Bank Ltd.

    20 Civ. 4322 (LGS) (S.D.N.Y. Sep. 28, 2022)   Cited 2 times

    ; Strauss v. Credit Lyonnais, S.A., 10 379 F.Supp.3d 148, 159 (E.D.N.Y. 2019) (granting summary judgment where plaintiffs did not offer “evidence that Defendant's banking services directly involved strong physical force” or “directly involved peril or hazard or were likely to cause serious bodily harm,” and “identif[ied] no transfers . . . meant to involve a violent act or an act dangerous to human life”) (emphasis added); cf. Weiss v. Nat'l Westminster Bank, PLC, 993 F.3d 144, 161-62 (2d Cir. 2021) (affirming grant of summary judgment to defendants where there was no “evidence that the transfers by NatWest involved violence, or danger to human life” because, for example, they were not “explicitly identified as payments for” violent acts like “suicide bombings”)

  4. Bernhardt v. Islamic Republic of Iran

    Civil Action No. 18-2739 (TJK) (D.D.C. Nov. 16, 2020)   Cited 3 times

    But even those allegations do not meet this standard; they fall well short of asserting that HBUS and HBNA knew they had assumed a role in al-Qaeda's violent activities. See Strauss v. Credit Lyonnais, S.A., 379 F. Supp. 3d 148, 164 (E.D.N.Y. 2019) (appeal filed). Finally, Plaintiffs also allege that, simply because HBUS and HBNA helped the Banks avoid U.S. sanctions, they "should have known" that their banking services were being used "to facilitate the laundering of funds needed for groups like al-Qaeda to operate."

  5. Zapata v. HSBC Holdings PLC

    414 F. Supp. 3d 342 (E.D.N.Y. 2019)   Cited 12 times

    Further, it is not at all clear that the cases (at least those from courts within this circuit) on which Plaintiffs rely remain good law in the wake of the Second Circuit's decisions in Rothstein and Linde, both of which were decided after nearly every case Plaintiffs cite. See, e.g., Strauss v. Credit Lyonnais, S.A., 379 F. Supp. 3d 148, 158-159 (E.D.N.Y. 2019) (granting summary judgment, albeit on grounds other than proximate cause, in light of Linde ). Further, Plaintiffs' cases generally involve alleged donations to formally designated terrorist organizations such as Hamas (or front groups for such organizations), and the decisions denying motions to dismiss in these cases have rested on the theory that giving money to terrorist organizations definitionally enables them to commit additional acts of terrorism.