Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Mwani v. Laden

United States District Court, District of Columbia

August 22, 2014

ODILLA MUTAK MWANI, et al., Plaintiffs,
v.
USAMA BIN LADEN and AL QAEDA, Defendants.

MEMORANDUM OPINION

JOHN M. FACCIOLA UNITED STATES MAGISTRATE JUDGE

This case was referred to me for all purposes. The death of Usama Ben Laden requires, however, that the Court first consider who may continue as a party defendant

BACKGROUND

On December 9, 2011, plaintiffs notified the Court of Bin Laden’s death on May 1, 2011. Notice and Suggestion of Death [#106]. On December 20, 2013, the Court instructed plaintiffs “to show cause and provide additional briefing to explain why this court should not dismiss Usama Bin Laden and Al Qaeda as defendants.” Order to Show Cause [#114] at 1. Specifically, plaintiffs were directed to address the following issues:

1. Why Usama Bin Laden should not be dismissed as a defendant;
2. Whether plaintiffs’ claims against Usama Bin Laden survived his death;
3. What steps plaintiffs have taken to find a substitute party for Usama Bin Laden under Federal Rule of Civil Procedure 25(a)(1) and whether they have identified an individual to be substituted as a defendant; and
4. Whether Al Qaeda has the capacity to be sued under Federal Rule of Civil Procedure 17(b)(3), or any other Rule, including:
a. What Al Qaeda’s legal status is;
b. Whether it has the capacity to be sued under the laws of the District of Columbia;
c. Whether this lawsuit seeks to “enforce a substantive right existing under the United States Constitution or laws”; and
d. Whether a cause of action arising under federal common law satisfies this standard.

Id. at 4.

DISCUSSION


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.