In re: World Trade Center Lower Manhattan Disaster Site Litigation, No. 15-2181 (2d Cir. 2018)Annotate this Case
The Second Circuit vacated the district court's grant of summary judgment against plaintiffs. The court certified two questions to the New York Court of Appeals and received two answers to those questions. The state court answered that no particularized inquiry was necessary to determine whether public benefit corporations should be treated like the State for purposes of capacity. The state court also held that a claim-revival statute will satisfy the Due Process Clause of the State Constitution if it was enacted as a reasonable response in order to remedy an injustice. Therefore, the court held that the BPCA, like any other state entity, may challenge the constitutionality of Jimmy Nolan’s Law only if it qualifies for one of the "narrow" exceptions to the capacity-to-sue rule. In this case, no such exception applied. The court remanded for further proceedings.
This opinion or order relates to an opinion or order originally issued on January 19, 2017.