In Re: Terrorist Attacks on September 11, 2001, No. 12-1318 (2d Cir. 2013)
Annotate this CasePlaintiffs appealed from the district court's order denying their Rule 60(b) motion to reopen the district court's judgment dismissing sovereign defendants under the Foreign Sovereign Immunities Act (FSIA), 28 U.S.C. 1330 1602 et seq. Plaintiffs moved for relief from judgment in order to appeal the district court's alternative ground for finding sovereign immunity - a ground that the court declined to reach in its prior opinion. The district court denied the motion under the impression that the court would be able to consider that unreviewed issue on appeal from the denial. But the court could not. Accordingly, the court concluded that this was an error of law and that "extraordinary circumstances" existed warranting relief under Rule 60(b). The court reversed and remanded for further proceedings.
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