Saperstein v. The Palestinian Authority

United States District Court for the Southern District of Florida

2006 WL 3804718 (2006)

Relevant factsFree

Foreign nationals (plaintiffs) sued the Palestinian Authority and the Palestine Liberation Organization (defendants) under the Alien Tort Statute (ATS), alleging the organizations sponsored and carried out attacks against Jewish civilians in Israel, Gaza, and the West Bank; after the defendants moved to dismiss for failing to allege a cognizable violation of the law of nations, the plaintiffs amended their complaint to describe the conduct as "murder of a civilian in the course of armed conflict" rather than "terrorism."

IssueFree

Whether conduct broadly characterized as terrorism can form the basis for a cause of action under the Alien Tort Statute.

Holding & reasoning

The court resolved the question by applying the controlling rule to the facts and explaining precisely why the outcome followed. Its reasoning ties the doctrine to the record so you can reproduce the analysis on an exam.

Procedural history, concurrence & dissent

This section traces the case from the trial court through appeal and lays out how each opinion lands. Separate writings sharpen the majority's limits and flag the arguments most likely to resurface in class.

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