ABSTRACT

United States Off the Hook for Vacated Terror Judgment against Libya [May 8, 2018]   [open pdf - 391KB]

"The United States Court of Federal Claims in late December 2016 denied the claim of the family of a U.S. victim of Libyan-sponsored terrorism for compensation from the United States. The lawsuit essentially seeks to make up the difference between what a federal district court judge had awarded against Libya (about $1.3 billion) and what the Foreign Claims Settlement Commission of the United States (FCSC) awarded ($10.8 million) under the 2008 Claims Settlement Agreement with Libya, as ratified by the Libyan Claims Resolution Act (LCRA). At the time, Libya's government was led by Muammar al Qadhafi, who was toppled by an uprising in 2011. The family of Mihai Alimanestianu, who was killed in 1989 by the bombing of UTA Flight 772 over Niger, argued that the U.S. government's settlement of terrorism claims against Libya effected a taking of their previously obtained district court judgment and therefore required just compensation under the Fifth Amendment's Taking Clause."

Report Number:
CRS Legal Sidebar, LSB10129
Author:
Publisher:
Date:
2018-05-08
Copyright:
Public Domain
Retrieved From:
Federation of American Scientists: http://www.fas.org/sgp/crs/index.html
Format:
pdf
Media Type:
application/pdf
URL:
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