| Q&As Regarding Lawsuits Against Terrorist Conspiracy Participants
QUESTION #1
Q: If I file a claim under the Fund, may I also file or be a party to a lawsuit against someone who "is a knowing participant in any conspiracy to hijack any aircraft or commit any terrorist act?"
A: Yes.
QUESTION # 2
Q: What happens if I file a claim with the Fund and also file a lawsuit against someone who is not a "knowing participant in any conspiracy to hijack any aircraft or commit any terrorist act?"
A: Section 405(c)(3)(B)(i) states that a claimant to the Fund "waives the right to file a civil action (or to be a party to an action) in any Federal or State court for damages sustained as a result of the terrorist-related aircraft crashes of September 11, 2001," and makes exceptions only for lawsuits "to recover collateral source obligations" and lawsuits against a defendant that is a "knowing participant in any conspiracy to hijack any aircraft or commit any terrorist act." If you file a claim with the Fund and also file a lawsuit against someone who is not a "knowing participant in any conspiracy to hijack any aircraft or commit any terrorist act," you are still eligible for compensation from the Fund, but your lawsuit will be dismissed. This rule applies regardless of whether you file your claim with the Fund before or after filing the lawsuit.
QUESTION # 3
Q: Who will decide whether a defendant is in fact a "knowing participant in any conspiracy to hijack any aircraft or commit any terrorist act?"
A: In all cases, regardless of whether you file your claim with the Fund before or after filing the lawsuit, the court will decide the issue whether a defendant is a "knowing participant in any conspiracy to hijack any aircraft or commit any terrorist act." If the court determines that the plaintiff has submitted a claim to the Fund and that a defendant is not a "knowing participant in any conspiracy to hijack any aircraft or commit any terrorist act," then it must dismiss the lawsuit against that defendant (unless the lawsuit is one to recover collateral source obligations).
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