The U.S. Department of Justice is arguing that it would be premature for the U.S. Supreme Court to hear a Jordanian bank’s appeal of sanctions for not producing records in a lawsuit filed by terrorism victims (See Amicus Brief).
U.S. Solicitor General Donald Verrilli Jr. acknowledged that Eastern District Judge Nina Gershon used flawed legal reasoning in her order, as did the U.S. Court of Appeals for the Second Circuit when it refused to vacate the sanction that, among other things, permitted adverse inferences against Arab Bank, a multinational bank headquartered in Jordan.
