Personal Jurisdiction Exists Only Where Venue Proper; Claim Against Bank Of China Severed And Transfered To S.D.N.Y.

Wultz v. Islamic Republic of Iran, 08-cv-1460 (RCL) (D.D.C. Jan. 2011), is the opinion on reconsideration of an earlier decision, which we posted on because of its rulings on the pleading of causation in a claim to overcome a sovereign immunity defense. The case arises out of the suicide bombing in 2006 or a restaurant in Tel Aviv by members of the Palestian Islamic Jihad (PIJ). The claims are brought under the federal Antiterrorism Act, 18 U.S.C. sec. 2331 et seq. (ATA) on behalf of the estate and family members of Daniel Wultz, an American citizen killed in the attack. The particular claims against the Bank of China is that the Bank executed dozens of wire transfers on behalf of PIJ, funneling money that was used in the planning and execution of terrorist attacks between senio PIJ leadership in Iran and Syria and officers and agents of the Bank.

Earlier in the case the Court denied a motion to dismiss, holding that "plaintiffs have standing, plaintiffs' claims do not raise nonjusticiable political questions, the Bank is not entitled to sovereign immunity, the Court has personal jurisdiction over the Bank, venue is proper, plaintiffs have adequately pled claims upon which relief may be granted, and plaintiffs have not pled duplicative claims". The portions of the decision being reconsidered are the interplay between personal jurisdiction and venue in light of the specific venue provision of the ATA, which is similar to other federal venue provisions applicable in other international litigation.

The international litigation practice discussions in the reconsideration decision include the following:

First, the Court found its authority to reconsider its earlier decision in Fed. R. Civ. P. 54(b), which "by its terms allows the trial court to modify its earlier order".

Second, the Court found on reconsideration that personal jurisdiction for an ATA claim was not nationwide service of process but limited to where...