"Divided Circuit Won't Rehear Arab Bank Suit", 9 May 2016

Some judges may dislike it, but they must "swallow hard" and accept that precedent prevents victims of suicide bombings in Israel from suing Arab Bank, a Second Circuit majority said Monday. The families who brought the lawsuits went to court in the United States shortly after a spate of attacks against Israeli civilians between 2000 and 2004 known as the second intifada...[T]he relatives of foreign citizens killed in the attacks have struggled to advance their claims under a 1789 law known as the Alien Tort Statute. The Second Circuit cited the case of Kiobel v. Royal Dutch Petroleum this past December in extinguishing this part of the case....Facing a call to rehear the case en banc before the full court, the Second Circuit refused 4-3 on Monday...Judge Rosemary Pooler lamented [in] her dissent meanwhile that the court had botched an opportunity to fix a precedent that is "almost certainly incorrect... " ... When the Second Circuit first decided Kiobel I in 2010, it ignited controversy — and a stinging dissent — by appearing to insulate corporations of liability for overseas atrocities....