Biggest case of its kind with over 125 plaintiffs, and the first case brought by a Jewish organization to hold state sponsors of terrorism responsible for the October 7 terrorist attack in Israel.
ADL (the Anti-Defamation League) and Crowell & Moring LLP today filed a federal lawsuit alleging Iran, Syria and North Korea provided material support to Hamas that enabled it to commit atrocities in Israel on October 7, 2023, that killed, injured, and terrorized scores of U.S. citizens and their families, and seeking financial compensation under applicable federal and local laws. The suit names over 125 plaintiffs, including U.S. citizens who were injured or killed as a result of the October 7 attack, and immediate family members of those injured or killed.
“Iran is the world’s leading state sponsor of antisemitism and terror – along with Syria and North Korea, they must be held responsible for their roles in the largest antisemitic attack since the Holocaust. We are doing everything possible to hold Hamas terrorists and those who support them accountable, including putting all of ADL’s weight behind this effort,” said Jonathan A. Greenblatt, ADL CEO and National Director. “In a world in which Jewish pain and suffering is far too often erased, we hope this ground-breaking case will bring justice to some victims and create a record of Hamas’ heinous brutality perpetrated with the support of these state sponsors of terrorism.”
This case seeks to hold the state sponsors of this heinous attack liable under the Terrorism Exception to the Foreign Sovereign Immunities Act. Foreign countries that sponsor terrorist activities typically refuse to honor judgments against them. The victims will then need the support of the U.S. Victims of State Sponsored Terrorism Fund – a fund Congress created in 2015 to allow American victims of terrorism, such as those in this case to obtain some meaningful relief for their suffering. Since its founding, more than 18,000 American victims of state-sponsored terrorism have been deemed eligible by the Fund. Unfortunately, recently, the Fund has not been providing meaningful compensation to victims as Congress intended, requiring legislative action to ensure consistent and meaningful payments to the victims. Recently, Representatives Mike Lawler, R-N.Y., and Josh Gottheimer, D-N.J., introduced bipartisan legislation in May to address this deficiency and help the victims. ADL and Crowell are simultaneously working on these legislative efforts with congressional leaders in tandem with the litigation to ensure that the American victims of the October 7th terrorist attacks will receive the compensation to which they are entitled when they obtain their judgments.
“There is more than ample precedent for this case: U.S. courts have repeatedly held Iran, Syria and North Korea responsible for material support of terrorist attacks that harmed U.S. and dual U.S.-Israeli citizens,” said James Pasch, ADL Senior Director of National Litigation and ADL’s lead counsel on this case. “There is also clear evidence that these state sponsors of terrorism provided material support to Hamas terrorists that enabled the terrorists to commit the atrocities on October 7. In a world in which October 7thdenialism took hold almost immediately after the attack, this case will set the record straight about the horrors of what occurred on that day, who was responsible for providing material support for this heinous terrorist attack, and will ultimately provide a path for justice, accountability and redress.”
Each of the more than 100 plaintiffs in this suit is a U.S. citizen, or the family member of a U.S. citizen, and is therefore eligible to bring suit for the deaths and physical and emotional injuries Hamas caused during its barbaric rampage. The case details the horrors the victims experienced at the hands of Hamas terrorists at numerous locations, including the Nova Music Festival, Kibbutz Be’eri, Kibbutz Sa’ad, Kibbutz Kissufim, Sufa Base, Kibbutz Erez, Kibbutz Alumim, Kibbutz Nir Oz, and Ofakim, among others.
California native Adrienne Neta was murdered in the attack at Kibbutz Be’eri.
“My mom, Adrienne Neta, was born and raised in California. Her father was an Air Force engineer, and the family lived on Navy bases for most of her childhood. In the early 80s, she made aliya and married my dad, and together, they built a family in Kibbutz Be’eri,” said plaintiff Nahar Neta. “While nothing will ever undo the unbearable pain Hamas caused our family or the brutal losses we’ve suffered, we hope this case will bring some sense of justice. It’s important for us to be able to tell our stories so the world can hear how Hamas has terrorized Israel, the Jewish people, and many American citizens. My mom devoted her life to caring for others regardless of race or religious beliefs. She was a peace and justice seeker who was active in many civilian efforts to bridge the gap between Jews and Arabs in Israel.”
The complaint alleges how the defendants provided material support to Hamas that enabled the terrorist group to commit its atrocities – including military, tactical, and financial support.
ADL is serving as co-counsel along with Crowell & Moring, a firm with decades of experience in litigating and winning terrorism cases, including cases arising from the bombing of UTA flight 772 in 1989, the bombings of the U.S. embassy in Beirut in 1983 and 1984, and the bombing of the U.S. embassy in Nairobi in 1998, among numerous other attacks. To date, Crowell & Moring has successfully obtained billions of dollars in judgments for claims arising from international terrorism. Crowell & Moring’s Terrorism Litigation Team is led by Aryeh Portnoy and John Murino.
“It is imperative to combat terrorism using whatever tools are available,” Portnoy said. “One of those tools is the courts, and another is the U.S. Victims of State-Sponsored Terrorism Fund. We are committed to fighting for the victims and families so that they are never forgotten, and so that they may find some measure of justice for the horrors they have endured.”
About ADL
ADL is the leading anti-hate organization in the world. Founded in 1913, its timeless mission is “to stop the defamation of the Jewish people and to secure justice and fair treatment to all.” Today, ADL continues to fight all forms of antisemitism and bias, using innovation and partnerships to drive impact. A global leader in combating antisemitism, countering extremism and battling bigotry wherever and whenever it happens, ADL works to protect democracy and ensure a just and inclusive society for all. More at www.adl.org.
About Crowell & Moring LLP
Crowell & Moring is an international law firm with operations in the United States, Europe, MENA, and Asia. Drawing on significant government, business, industry and legal experience, the firm helps clients capitalize on opportunities and provides creative solutions to complex litigation and arbitration, regulatory and policy, and corporate and transactional issues. The firm is consistently recognized for its commitment to pro bono service as well as its programs and initiatives to advance diversity, equity, and inclusion.
