Lisa O'Brien, et al. v. United States District Court for the Southern District of New York
1. Whether Congress intended to preempt state
wrongful death distribution laws in enacting the
Anti-Terrorism Act ("ATA"),! to award wrongful
death damages to individuals beyond those
allowed by applicable state law (awards to "nonheirs"), or whether Congress intended state law to
supplement the wrongful death cause of action
supplied by the ATA to protect and respect a
state's interest in ensuring full compensation to
those heirs who were financially dependent upon a
decedent?
2. Whether the institutional interests of the federal
courts require the enforcement of a statute of
limitations against defendants-in-default, in a
two-decade-old litigation, where the alternative is
an ever-expanding court docket for new plaintiffs
for decades to come, and where untimely claims
reduce the money paid to authorized heirs who
have filed timely claims and timely objections?
Whether Congress intended to preempt state wrongful death distribution laws in enacting the Anti-Terrorism Act (ATA)