…te a claim. See Part III below. Plaintiffs place great reliance on Halberstam v. Welch, 705 F.2d 472 (D.C.Cir.1983) and Boim v. Quranic Literacy Institute. & Holy Land Foundation for Relief & Development, 291 F.3d 1000, 1023 (7th Cir.2002) (‘‘Boim II ’’). Neither of these cases c...
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…s filed a Notice of Supplemental Authority bringing to the district court’s attention the Seventh Circuit’s decision in Boim v. Holy Land Foundation for Relief and Development, 549 F.3d 685, 693 (7th Cir. 2008 (en banc) (Boim IID). R. 2156. In its decision, the Seventh Circuit co...
…urki’s Motion to Dismiss at 8 (same). Although they did not involve New York law, the Court agrees that Halberstam and Boim are instructive. In Halberstam, the defendant enjoyed an extravagant life- style made entirely possible by her long- term live-in boyfriend’s regular burgl...
…e Islamic Jihad cells or whether and how these cells participated in or contributed to al Qaeda’s agenda of terror. See Boim II, 291 F.3d at 1011-12 (making donations to an alleged terrorist group, without “knowledge of and intent to further payee’s violent criminal acts,” cannot...
…al support to a terrorist organization, even without knowledge of its activities, satisfies the elements of negligence. Boim IT, 549 F.3d at 693. A fortiori, providing support while knowing the character of the terrorist organization is like giving “a gun you know is loaded to a...
…ly expressed [an] intent to cut off the flow of money to terrorists at every point along the causal chain of violence.” Boim J, 291 F.3d at 1021. Congress did this by “attach[ing] liability to all donations to foreign terrorist organizations regardless of the giver’s intent” beca...
…. 317 (1883) eecccsesscsccsneseecesnsececcsnseeeccsnseeescsnseeecesnseeesesnseerenseseetenseseersnsescerenseseeteesess Boim vy. Holy Land Foundation for Relief and Development, 549 F.3d 685 (7th Cir. 2008) .eeccccscsssscsscseeecescseeeeesssneeeeseseeersnseseessnsess Boim v. Qur...
…efendant desired to help those activities succeed, and the de- fendant engaged in some act of helping those activities. Boim I, 291 F.3d at 1023; see also Boim v. Quranic Literacy Inst., 340 F.Supp.2d 885, 906-913 (N.D.III. 2004) (“Boum IIT”) (granting summary judgment against tw...
…s and ... extend[ing] civil liability for acts of international terrorism to the full reaches of traditional tort law.” Boim v. Quranic Literacy Inst & Holy Land Found. for Relief and Dev. (Boim I)
…on knew the other unnamed organizations to which it transferred money were in the business of supporting terrorism. See Boim II
…entures “defie[d] credulity that [she] did not know that something illegal was afoot.” Halberstam, 705 F.2d at 486. In Boim, the district court had denied a motion to dismiss by U.S.-based charities alleged to have aided and abetted interna- tional terrorism. Bowm v. Quranic Lit...
…ief at Point I.A.3 (describing implications of excluding from liability indirectly provided support for terrorism); see Boim ITI, 549 F.3d at 690-91 (shielding a financier from liability would exclude from the operation of the law precisely those parties most likely be deterred b...
…on knew the other unnamed organizations to which it transferred money were in the business of supporting terrorism. See Boim IT, 291 F.3d at 1012 (“To hold the defendants liable for donating money without knowledge of the donee’s intended criminal use of the funds would impose st...
…aigns often last for many decades .... Seed money for terrorism can sprout acts of violence long after the investment.” Boim IIT, 549 F.3d at 700. The court went so far as to conclude that, as a general matter, imposing liability upon “someone who with the requisite state of mind...
…ely “allow [] the court to draw the reasonable inference that the defendant is liable for the misconduct alleged”), and Boim ITT, 549 F.3d at 693 (required mental state under the ATA is whether defendant “kn[ew] that the organization” to which he provided material support “engage...