logo
Family of American killed on Malaysian Airlines flight can sue Russian bank, US court rules

Family of American killed on Malaysian Airlines flight can sue Russian bank, US court rules

Reuters04-02-2025

NEW YORK, Feb 4 (Reuters) - The family of an American killed when a Malaysian Airlines plane was shot down over Ukraine in 2014 can sue Russia's largest bank for allegedly providing money transfers to a group blamed for downing the plane, a U.S. appeals court ruled on Tuesday.
In a 3-0 decision, the 2nd U.S. Circuit Court of Appeals in Manhattan said state-controlled Sberbank was not entitled to sovereign immunity, after being accused of using the U.S. banking system to funnel donor money to the Russia-backed separatist group Donetsk People's Republic.
A U.S.-based lawyer for Sberbank had no immediate comment. Sberbank was not immediately available for comment after business hours in Moscow.
The case was brought by the family of Quinn Schansman, who was 18 when he boarded Malaysian flight MH17 to Kuala Lumpur from Amsterdam on July 17, 2014, for a planned family vacation.
The flight was shot down over DPR-controlled territory in eastern Ukraine by a surface-to-air missile, killing all 298 people on board.
Russia has denied involvement. Ukraine had previously declared the DPR a terrorist organization, while the United States had imposed sanctions on the group.
Schansman's family sued Sberbank, another Russian bank and two U.S. money transfer companies in April 2019, saying they should be liable for doing business with the DPR.
A year later, Russia's Ministry of Finance bought a majority stake in Sberbank from the country's central bank.
In Tuesday's decision, Circuit Judge Joseph Bianco called Sberbank's alleged handling of money transfers "quintessentially commercial activity," triggering an exception to protections under the federal Foreign Sovereign Immunities Act (FSIA).
Sberbank had argued it deserved a presumption of immunity as a state agency or instrumentality.
The bank also said another U.S. law, the Anti-Terrorism Act, provided immunity regardless of when it came under state control, with no exception for commercial activity.
Bianco disagreed. He said the FSIA comprehensively governed sovereign immunity in civil cases, and its framework was not "silently repealed" by the anti-terrorism law.
Adopting Sberbank's position, the judge wrote, would negate Congress' intent to give civil litigants the "broadest possible" legal basis to sue entities that materially support foreign entities that engage in terrorism against the United States.
Jenner & Block, a law firm representing the Schansman family, welcomed the court's rejection of what it called Russia's effort to immunize Sberbank by "strategically acquiring" a majority stake.
"We look forward to pursuing further evidence of Sberbank's wrongdoing in the district court and finally achieving justice for the Schansman family," the firm said.
The case is Schansman et al v Sberbank of Russia PJSC, 2nd U.S. Circuit Court of Appeals, No. 22-3097.

Orange background

Try Our AI Features

Explore what Daily8 AI can do for you:

Comments

No comments yet...

Related Articles

Damaged North Korean warship taken for repairs on Russian border
Damaged North Korean warship taken for repairs on Russian border

Telegraph

time24 minutes ago

  • Telegraph

Damaged North Korean warship taken for repairs on Russian border

A new North Korean warship that partially capsized during a botched launching ceremony has been moved to a port near Russia for repair. Analysts say Moscow may intend to help repair the stricken 5,000-ton destroyer, after satellite pictures showed it at a dry dock in a port which borders Russia's Far East. The Rajin Ship Repair Factory is not a major shipbuilding facility, unlike the shipyard in the north-eastern city of Chongjin where the launching accident occurred. It has only modest facilities for repairs and maintenance, Yu Jihoon, director of external co-operation and an associate research fellow at Korea Institute for Defence Analyses told CNN. But its border location makes it important for deepening North Korea and Russia's military ties, analysts say. The unnamed Choe Hyun-class destroyer suffered a failed launch on May 21 and was left lying on its side with its hull crushed. Kim Jong-un, the North Korean dictator, attended the bungled launching ceremony and declared it a 'criminal act caused by absolute carelessness'. Several officials have been detained since the embarrassing accident and Kim ordered the ship be repaired by late June, calling it a matter of national honour. The Rajin shipyard is part of North Korea's Rason special economic zone, which abuts both China and Russia and is the isolated nation's only designated area to promote foreign investment and trade. According to US and South Korean intelligence, the port is a major hub for transferring arms shipments to Russia to be used against Ukraine. It has also produced many of North Korea's larger warships for decades, the Centre for Strategic and International Studies said. 'Once any critical repairs or restoration work are completed, the vessel will likely be transferred to the shipyard's fitting out dock, where its weapons and other systems will be installed and subsequently commissioned,' the think tank said in a report on the most recent satellite images of the port. In another embarrassing turn for Kim, North Korea appeared to lack the heavy machinery needed to move the partially submerged warship. According to analysis of satellite imagery, dozens of blimp-sized balloons and the brute force of hundreds of workers were instead used to lift it out of the water. The Choe Hyun destroyers are North Korea's largest warships yet, part of Kim's push to upgrade its naval power with vessels capable of carrying and launching dozens of missiles. The movement of the warship comes amid expanding military co-operation between North Korea and Russia, after the signing of a mutual defence treaty last June. Kim reaffirmed his 'unconditional support' for Moscow's war against Ukraine last week, news sources reported. Since the full-scale invasion, Pyongyang has sent around 14,000 soldiers to Russia to help expel Kyiv's troops from its Kursk border region. It has also sent 20,000 containers of munitions, according to a report by a UN monitoring team in May. The shipments, according to estimates, include nine million rounds of artillery, more than 100 ballistic missiles and 200 heavy artillery munitions, as well as anti-tank guided missiles and rockets. In return, the UN said, Moscow has given Pyongyang valuable weapons technologies, including air defence and electronic warfare systems and helped its ally improve its missile performance, in a major violation of international sanctions.

Ryan Reynolds' Wrexham confronted by major £13.4bn challenge in the Championship
Ryan Reynolds' Wrexham confronted by major £13.4bn challenge in the Championship

Daily Mirror

time32 minutes ago

  • Daily Mirror

Ryan Reynolds' Wrexham confronted by major £13.4bn challenge in the Championship

Wrexham co-chairmen Ryan Reynolds and Rob McElhenney will be in the same division as some incredibly wealthy owners in the Championship next season, including several billionaires Wrexham's Hollywood owners are bracing themselves for a new financial landscape as the club gears up to compete in the Championship. The upcoming campaign will be the first time in 43 years that the Red Dragons have graced the second tier, having previously enjoyed a four-season stint in the old Second Division between 1978 and 1982. Times have certainly changed since then, with large amounts of money swirling around due to lucrative TV broadcast deals and parachute payments for relegated Premier League teams. ‌ Many club owners are also flush with riches, with one part-owner boasting an eye-watering net worth of a staggering £13.4billion. ‌ Wrexham 's co-owners Ryan Reynolds and Rob McElhenney are not exactly strapped for cash either. The two A-listers have an estimated combined net worth of roughly £295m ($400m) courtesy of their acting earnings and business ventures. However, even their wealth seems modest when compared to the Championship's top earners. As the Welsh team readies itself for life in the second tier, Mirror Football examines how Reynolds and McElhenney's wealth compares to that of their rival owners. QPR often feature at the higher end of the scale in terms of their owners' combined net worth, with their main shareholders being Ruben Gnanalingam, Richard Reilly and Amit Bhatia. Bhatia is the son-in-law and a representative of steel magnate Lakshmi Mittal, who alone is reported to be worth £13.4bn, according to Forbes. Not far behind are American investment fund Gamechanger 20 Ltd, who own newly-relegated Ipswich, with the firm reportedly valued at a whopping £10.8bn. Leicester, another well-backed side that recently dropped out of the Premier League, is owned by the Srivaddhanaprabha family, worth an estimated £2.7bn. Bristol City 's owner Steve Lansdown boasts a fortune of £2.3bn, while Stoke City 's John Coates is said to be worth £2.2bn. At the lower end of the wealth scale are Watford 's Gino Pozzo (£93m), Millwall 's James Berylson (£110m) and Hull City 's Acun Ilicali (£147m). ‌ The combined net worth of Reynolds and McElhenney would place Wrexham in a lower mid-table position in the Championship. However, they have a trump card in the form of the Allyn family from New York, who became minority owners of the club in October. For over a century, the family owned US medical device manufacturing company Welch Allyn Inc. until it was sold to Hill-Rom in September 2015 in a deal reported to be worth just under £1.5bn at current rates. The Allyns have since shifted their focus to investing in private and public markets, and Wrexham have received several substantial cash injections since their arrival. It's hoped their involvement will help Reynolds and McElhenney realise their dream of taking the club into the Premier League. ‌ Deadpool actor Reynolds proudly reflected on the club's leap from League One after a triumphant 3-0 win against Charlton at home in April. Writing on social media, he posted: "We've been with Wrexham for what seems like the blink of an eye, but so much has happened. I remember the first press conference, we were asked what our goals were. I think Rob jumped in with, 'The Premier League.' People laughed. They had every right to. It seemed insane. But we weren't kidding." Having already bolstered Wrexham's financial stability, the co-owners wisely insured against the cost of promotion bonuses for the 2024/25 season. However, aiming for promotion from the Championship could be the most formidable task yet on their fairytale adventure. Join our new WhatsApp community and receive your daily dose of Mirror Football content. We also treat our community members to special offers, promotions, and adverts from us and our partners. If you don't like our community, you can check out any time you like. If you're curious, you can read our Privacy Notice. Sign up to our newsletter! Wrexham is the Game is great new way to get top-class coverage Wrexham AFC is the arguably the fastest-growing club in the world at the moment thanks to a certain Ryan Reynolds and Rob McElhenney. The Dragons have achieved two consecutive promotions and are cheered on by crowds from not only North Wales but also from all over the globe, thanks to the success of the Disney+ documentary 'Welcome to Wrexham'. But does it have a dedicated, quality source of information piped through to your inbox each week, free of ads but packed with informed opinion, analysis and even a little bit of fun each week? That's where Wrexham is the Game steps in... Available every Wednesday, it provides all the insights you need to be a top red. And for a limited time, a subscription to 'Wrexham is the Game' will cost fans just £15 for the first year.

Oleksandr Usyk extends invite to Donald Trump ahead of Daniel Dubois fight
Oleksandr Usyk extends invite to Donald Trump ahead of Daniel Dubois fight

Daily Mirror

timean hour ago

  • Daily Mirror

Oleksandr Usyk extends invite to Donald Trump ahead of Daniel Dubois fight

The Ukrainian is very passionate when it comes to the topic of his beloved country and has now offered Trump the chance to experience what day-to-day life is like in his homeland Oleksandr Usyk has offered Donald Trump the chance to experience what life is like in his beloved Ukraine amid the ongoing conflict with Russia. The Ukrainian is hoping the president of the United States will oblige so he can see the ongoing war and witness what happens on a daily basis in his homeland. "Just for one week. I'll give him my house," Usyk told BBC Sport. "Please live in Ukraine and see what is going on. Every night, there are bombs and planes flying over my house. Bombs and rockets. Every night. It's enough." ‌ In recent times, Trump has repeatedly blamed Volodymyr Zelensky and former US president Joe Biden for the war - despite Russia invading Ukraine first in 2014, five years before Zelensky won the presidency, and then launching a full-scale invasion in 2022. ‌ Addressing Trump, Usyk reminded the 78-year-old that he promised to end the war 'within 24 hours' if re-elected for a second term. However, since taking office back in January, Trump has failed to fulfil that promise. Usyk has now called for Trump to renew his efforts and help bring the conflict to an end. Trump has met with both Russian President Vladimir Putin and Zelensky since the beginning of the year. Tensions between Trump and the Ukrainian president have been high since a heated confrontation at the White House back in February - where the US leader criticised Zelensky for not starting peace talks with Russia earlier. However, the US president has taken action to improve relations with Moscow. His administration has sought to broker a ceasefire between Russia and Ukraine and has held negotiations with Moscow that have cut out Kyiv. Back in March, Trump said he had a "great" phone call with Putin - which prompted the Russian president to gift the American a portrait as a gift a week later. As for Usyk, the heavyweight champion has always been very passionate when it comes to his country. The 38-year-old has visited the front lines several times and regularly keeps in touch with Ukrainian soldiers. "It's difficult to find balance when your family is in Kyiv," he told CNN, referring to his wife and two daughters, who still live there. "It's hard, but I can switch off and do my job, and then I can help my country even more later on. I'm completely focused on the fight and my training," he added. Usyk is currently preparing to face Daniel Dubois - which takes place on July 19 at Wembley Stadium, London. The Ukrainian has not fought since defeating Tyson Fury for a second time back in December. Usyk and Dubois have met before. The pair went head-to-head back in 2023 - with the Ukrainian going on to score stoppage victory in the ninth round. The fight was not without drama after 'Triple D' dropped Usyk in the fifth round with a shot to the body that was later deemed a low blow. The Brit has since been on a roll and comes into the clash off the back of a knockout victory over Anthony Joshua.

DOWNLOAD THE APP

Get Started Now: Download the App

Ready to dive into the world of global news and events? Download our app today from your preferred app store and start exploring.
app-storeplay-store