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Keywords

plaintiffjurisdictiondamagesstatuteappealmotionmotion to dismiss
plaintiffjurisdictiondamagesstatuteappealmotionmotion to dismiss

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Rux v. Republic of Sudan

Facts

This case arises out of the October 12, 2000, bombing of the U.S.S. Cole in which seventeen American sailors were killed. The bombing, alleged in the Amended Complaint to have been planned and executed by the terrorist organization Al-Qaeda, occurred while the ship was berthed in Aden Harbor in Yemen. Plaintiffs, consisting of more than fifty surviving family members of the sailors who were killed, brought this action to recover for damages resulting from their deaths.

This case arises out of the October 12, 2000, bombing of the U.S.S. Cole in which seventeen American sailors were killed. The bombing, alleged in the Amended Complaint to have been planned and executed by the terrorist organization Al-Qaeda, occurred while the ship was berthed in Aden Harbor in Yemen. Plaintiffs, consisting of more than fifty surviving family members of the sailors who were killed, brought this action to recover for damages resulting from their deaths.

Issue

Whether the district court erred in denying Sudan's motion to dismiss for lack of subject matter jurisdiction and whether the appellate court should exercise pendent appellate jurisdiction over the remaining issues.

Sudan argues both that the district court erred in denying its motion to dismiss for lack of subject matter jurisdiction and also that this court should exercise pendent appellate jurisdiction over, and reverse, the district court's denial of its motion to dismiss for lack of personal jurisdiction and improper venue.

Rule

Section 1605(a)(7) of the Foreign Sovereign Immunities Act (FSIA) provides an exception for suits against state sponsors of terrorism for damages arising from certain terrorist acts identified in the statute.

Section 1605(a)(7) of FSIA, however, provides an exception for suits against state sponsors of terrorism for damages arising from certain terrorist acts identified in the statute.

Analysis

The court found that the district court's exercise of subject matter jurisdiction was proper, as plaintiffs had alleged sufficient facts to support their claims under 1605(a)(7). The appellate court noted that Sudan did not argue that appellate jurisdiction was proper under either element of Swint, leading to the conclusion that the denial of its motion to dismiss for lack of personal jurisdiction would not be reviewed.

Because we find that the district court's exercise of subject matter jurisdiction was proper and that there is no basis to exercise pendent appellate jurisdiction over the remaining issues, we affirm the district court's denial of Sudan's motion to dismiss for lack of subject matter jurisdiction and dismiss the remainder of Sudan's appeal.

Conclusion

The appellate court affirmed the district court's denial of Sudan's motion to dismiss for lack of subject matter jurisdiction and dismissed the remainder of Sudan's appeal for lack of appellate jurisdiction.

We affirm the district court's denial of Sudan's motion to dismiss for lack of subject matter jurisdiction and dismiss the remainder of Sudan's appeal.

Who won?

The plaintiffs prevailed in the case because the court upheld the district court's finding of subject matter jurisdiction based on the allegations of Sudan's support for terrorism.

The appellate court affirmed the district court's denial of Sudan's motion to dismiss for lack of subject matter jurisdiction and dismissed the remainder of Sudan's appeal for lack of appellate jurisdiction.

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