| Schansman
Was Killed on Flight
MH17 Over Donetsk 2d
Circuit Says Sberbank
Can Be Sued
By Matthew
Russell Lee
SDNY COURTHOUSE,
Feb 5 – Quinn Lucas
Schansman was one of the 298
people killed aboard Malaysia
Airlines Flight 17 over
Donetsk on July 17,
2014.
His family has
sued Sberbank, VTB Bank,
Western Union, Moneygram and
others for facilitating the
terrorist missile.
On October 27, 2021 U.S.
District Court for the
Southern District of New York
Magistrate Judge Gabriel W.
Gorenstein held a proceeding.
Inner City Press covered
it.
Judge
Gorenstein ordered that
initial disclosures should be
filed by December 3, with all
discovery completed by January
13, 2023 and motions due by
June 30, 2023.
Jump cut to
February 4, 2025 when the
Second Circuit Court of
Appeals, via a three judge
panel, ruled that "the FSIA’s
commercial activity exception
applies to Sberbank’s conduct
because the alleged claims are
based upon quintessentially
commercial
activity—facilitating money
transfers—that Sberbank
carried on in the United
States, and thus abrogates
Sberbank’s sovereign immunity
under the FSIA; (3) as a
matter of first impression,
the ATA’s immunity provisions
apply not only to agencies,
but also to
“instrumentalities” of foreign
states; and (4) as a matter of
first impression, the
commercial activity exception
of the FSIA applies equally to
an action brought under the
ATA, and thus similarly
abrogates Sberbank’s sovereign
immunity under the ATA."
The appeal is 22-3097
The underlying
case is Schansman et al
v. Sberbank of Russia PJSC et
al., 19-cv-2985 (Carter)
***
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