Friday 24 July 2015

Lockerbie insurance lawsuit against US Government is still on track

[This is the headline over a report published today on the AllGov website. It reads as follows:]

In a landmark case, the US government has for the first time been denied a dismissal in a foreign claims lawsuit. The ruling by a federal judge means that the government could still be on the hook for nearly $100 million stemming from two 1980s Libyan terrorist attacks.

Three insurance companies have been trying for years to get reimbursed for claims they paid out as a result of the two Libya-sponsored terrorist attacks against airliners: EgyptAir 648 in 1985 and Pan Am Flight 103 over Lockerbie, Scotland, in 1988. The insurers, Lloyd’s of London, New York Marine and General Insurance Co and Aviation & General Insurance Co, are seeking a combined $96 million for the two attacks ($55 million for Pam Am 103 and $41 million for EgyptAir 648).

The lawsuit is directed at the US government because Congress passed the Libyan Claims Resolution Act in 2008, which took the right to oversee suits against Libya away from federal courts’ jurisdiction. “Shortly afterward, the government stopped all suits pending against Libya,” according to Benjamin Lane at Insurance Business America.

That didn’t stop the three insurers from going to court to collect monies owed to their underwriters for paying for the Libyan-sponsored attacks 30 years ago. Lawyers for the plaintiffs convinced the US Court of Federal Claims to allow their lawsuit to proceed after Judge Thomas Wheeler denied a motion by government attorneys to dismiss the case. In its denial, the court said the companies have a legitimate property interest on which to base their claims and, more importantly, did something no federal court had done before.

“The case holds landmark status as the first time the government has been denied a dismissal in a foreign claims suit,” Lane wrote.

Wheeler said in his ruling: “Here, where plaintiffs were excluded from receiving any just compensation whatsoever, the court must decide whether the government violated the Fifth Amendment prohibition of takings without just compensation. Accordingly, the court finds that it is well within its jurisdiction to decide this takings claim against the United States.”

[RB: The history of this court action can be followed on this blog here.]

5 comments:

  1. DOSSIERS LOCKERBIE, 2015:

    Lockerbie Insurance Lawsuit against U.S. Government is Still on Track US $ 55,000,000.00 - for the Pam Am 103, bombing over Lockerbie 1988.
    Link: http://www.allgov.com/…/lockerbie-insurance-lawsuit-against…

    Where are US $ 55,000,000.00 remained, from Seif El Islam, Gaddafi - 'GIFCA' Gaddafi International Foundation for charity associations - has paid on 2007, for
    MEBO Ltd (Meister & Bollier) Switzerland, at the PanAm Liquidation Trust 2007 !

    Subject: Ex claim from Minmar (495) Limited, 51 Eastcheaap, London, EC3M 1JP, UK (as assignment creditor representtationder Pan American World Airways Inc., 24 Link Drive, Rockleigh Industrial Park, Rockleigh, New Jersey 07647, USA).

    America and Great Britain have indicted on the 13th and 14th of November 1991 the two Libyan citicens Lamin Khalifah Fhimah and Abdelbaset Al Megrahi for being responsible of the explosion of PanAm 103 over Lockerbie.

    Furthermore Pan American World Airways Inc. deposed a plaint for compensation of US$ 32 millions + 5% interest, against MEBO LTD for total destruction of the Boeing 747 (third party liability because of MST-13 timers fragment (PT-35)...
    This claim brought MEBO LTD near to ruin and was a heavy weight on us. We had only one chance: to prove that the shown MST-13 timer fragment (PT-35) was a manipulated piece of evidence...

    by Edwin Bollier, MEBO Ltd. Telecommmunication Switzerland. Webpage: www.lockerbie.ch

    ReplyDelete
  2. Supplement, 'DOSSIER LOCKERBIE' 2015: POWER OF ATTORNEY,

    Signed by Stephen John Tricks, in London on the 31st day of Dezember 2002. Sole Director for and on behalf of Minmar (495) Limited (the "Principal").
    DEKLARATION

    1. Christopher William DUFFY solicitor of the Supreme Court of England and Wales and a director of Clyde Secretaries Limited the Company Secretary of Minmar (495) Limited (Company No. 3896858) (the "Company") hereby certify that Stephan John Tricks is the Sole Director of the Company.
    Dated this 31st day of December 2002. Christopher William Duffy.

    by Edwin Bollier & MEBO Ltd

    ReplyDelete
  3. The Shah was the largest shareholder of Panam. My wife's family, the Hessabys, were trying to install the Shah's son at the time. I have documents, emails, etc

    The English covered up for Iran as the NHS is partly funded by Iranian oil through National Iranian Oi/l company , which is exempt from sanction

    The Libyans wanted to get the sanctions off and were will to take the blame.

    ReplyDelete
  4. The Shah was the largest shareholder of Panam. My wife's family, the Hessabys, were trying to install the Shah's son at the time. I have documents, emails, etc

    The English covered up for Iran as the NHS is partly funded by Iranian oil through National Iranian Oi/l company , which is exempt from sanction

    The Libyans wanted to get the sanctions off and were will to take the blame.

    ReplyDelete
  5. The English covered up for Iran as the NHS is partly funded by Iranian oil through National Iranian Oi/l company , which is exempt from sanction

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    ReplyDelete