18 U.S.C. § 2336

Other limitations

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(a)Acts of War.—No action shall be maintained under section 2333 of this title for injury or loss by reason of an act of war.(b)Limitation on Discovery.—If a party to an action under section 2333 seeks to discover the investigative files of the Department of Justice, the Assistant Attorney General, Deputy Attorney General, or Attorney General may object on the ground that compliance will interfere with a criminal investigation or prosecution of the incident, or a national security operation related to the incident, which is the subject of the civil litigation. The court shall evaluate any such objections in camera and shall stay the discovery if the court finds that granting the discovery request will substantially interfere with a criminal investigation or prosecution of the incident or a national security operation related to the incident. The court shall consider the likelihood of criminal prosecution by the Government and other factors it deems to be appropriate. A stay of discovery under this subsection shall constitute a bar to the granting of a motion to dismiss under rules 12(b)(6) and 56 of the Federal Rules of Civil Procedure. If the court grants a stay of discovery under this subsection, it may stay the action in the interests of justice.(c)Stay of Action for Civil Remedies.—(1) The Attorney General may intervene in any civil action brought under section 2333 for the purpose of seeking a stay of the civil action. A stay shall be granted if the court finds that the continuation of the civil action will substantially interfere with a criminal prosecution which involves the same subject matter and in which an indictment has been returned, or interfere with national security operations related to the terrorist incident that is the subject of the civil action. A stay may be granted for up to 6 months. The Attorney General may petition the court for an extension of the stay for additional 6-month periods until the criminal prosecution is completed or dismissed.(2) In a proceeding under this subsection, the Attorney General may request that any order issued by the court for release to the parties and the public omit any reference to the basis on which the stay was sought.(Added Pub. L. 102–572, title X, § 1003(a)(4), Oct. 29, 1992, 106 Stat. 4523.)Editorial NotesReferences in Text

The Federal Rules of Civil Procedure, referred to in subsec. (b), are set out in the Appendix to Title 28, Judiciary and Judicial Procedure.

Statutory Notes and Related SubsidiariesEffective Date

Section applicable to any pending case or any cause of action arising on or after 4 years before Oct. 29, 1992, see section 1003(c) of Pub. L. 102–572, set out as a note under section 2331 of this title.

Notes of Decisions

Cited in 16 cases (4 in the last 5 years), 2004–2023 · leading case: Gill v. Arab Bank, PLC, 893 F. Supp. 2d 474 (E.D.N.Y 2012).

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Gill v. Arab Bank, PLC, 893 F. Supp. 2d 474 (E.D.N.Y 2012). · cites it 10× “The plaintiffs claims must be dismissed, pursuant to 18 U.S.C. § 2336 (a), since his injuries were suffered during the course of an armed conflict between military forces; 3.”

Kaplan v. Lebanese Canadian Bank, 999 F.3d 842 (2d Cir. 2021). “2013) ("Kaplan versus Iranian banks I") (dismissing ATA claims complaining of 5 the 2006 Summer rocket attacks--brought by the same plaintiffs who brought Licci I-- 6 as beyond the scope of the ATA, given its exclusion of claims for injuries caused by 7 an "act of war," 18 U.”

Gill v. Arab Bank, PLC, 891 F. Supp. 2d 335 (E.D.N.Y 2012). · cites it 11× “The plaintiffs claims must be dismissed, pursuant to 18 U.S.C. § 2336 (a), since his injuries were suffered during the course of an armed conflict between military forces; 3.”

Joshua Atchley v. Astrazeneca UK Ltd., 22 F.4th 204 (D.C. Cir. 2022). “We also affirm the district court’s discretionary choice not to resolve on the pleadings defendants’ asserted act-of-war defense under 18 U.S.C. § 2336 (a). See Gill v. Arab Bank, PLC, 893 F.”

Biton v. Palestinian Interim Self-Gov't Auth., 412 F. Supp. 2d 1 (D.D.C. 2005). · cites it 3× “§ 2381 and therefore the suit is barred by 18 U.S.C. § 2336 (a). Although the Plaintiffs styled their pleading a “Motion for Partial Summary Judgment,” it directly addresses each of the points raised in Defendants’ Supplemental Motion to Dismiss and will be treated as a formal…”

Biton v. Palestinian Interim Self-Gov't Auth., 310 F. Supp. 2d 172 (D.D.C. 2004). “” 18 U.S.C. § 2336 (a). “[T]he term ‘act of war’ means any act occurring in the course of — (A) declared war; (B) armed conflict, whether or not war has been declared, between two or more nations; or (C) armed conflict between military forces of any origin[.”

Kaplan v. Bank Saderat PLC, 77 F.4th 110 (2d Cir. 2023). “2d at 199 , quoting 18 U.S.C. § 2336 (a) (alteration and omission in original) (internal quotation marks and emphasis omitted).”

Morris v. Khadr, 415 F. Supp. 2d 1323 (D. Utah 2006). “18 U.S.C. § 2336 (a). 27 . See Holly Sugar Corp.”

In re Chiquita Brands Int'l, Inc., 284 F. Supp. 3d 1284 (S.D. Fla. 2018). · cites it 2× “Against this backdrop, Plaintiffs question, as a threshold matter, whether Chiquita carries its initial burden of demonstrating that duress is a valid legal defense to a civil ATA claim.”

Lelchook v. Islamic Repub. of Iran, 224 F. Supp. 3d 108 (D. Mass. 2016). “at 199-201 ; see also 18 U.S.C. § 2336 (a) (“No action shall be maintained .”

Sokolow v. Palestine Liberation Org., 583 F. Supp. 2d 451 (S.D.N.Y. 2008). “” 18 U.S.C. § 2336 (a). In pertinent part, “the term ‘act of war’ means any act occur *459 ring in the course of .”

Lelchook v. Islamic Repub. of Iran, 199 F. Supp. 3d 314 (D. Mass. 2016). “” 18 U.S.C. § 2336 (a) (“No action shall be maintained .”

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