NYDailyNews

Lawsuits From Attacks Likely to Be in the Billions

By ROBERT GEARTY Daily News Staff Writer

housands of lawsuits for billions of dollars beyond the cost of any lost property or buildings loom in the aftermath of the World Trade Center disaster.

Plaintiffs' lawyers already have been contacted by families of victims, but so far have not brought any action to court.

They've been adhering to a moratorium requested by the Association of Trial Lawyers of America and the American Bar Association following last week's disastrous terror attack.

"Right now is not the time to initiate litigation," said Manhattan attorney Blair Fensterstock. "It's more important to rebuild the country. On the other hand there have been lives that have been disrupted and lost and families that will be left destitute as a result of this tragedy."

The amount of litigation should be enormous — "thousands and thousands of lawsuits involving billions and billions," of dollars said Fensterstock. It may be years before these cases are tried.

Fensterstock knows. He is the lead plaintiff attorney in a lawsuit brought by more than 400 individuals against the Port Authority for the 1993 WTC bombing. Eight years later that case is still pending in Manhattan Supreme Court.

With last week's attack, the The Port Authority is likely to be in for more litigation, along with the trade center's new landlord, Silverstein Properties. But the list of defendants won't stop with them.

"I can see some lawyers at some point suing Afghanistan, [terror mastermind Osama] Bin Laden, if as it turns out he's the bad guy, Iraq if they're the bad guy," said Tom Demetrio, a Chicago-based attorney who has represented plaintiffs in several big airline accident cases.

Years ago, Congress made it easier to sue foreign governments for acts of terrorism.

"Attaching Bin Laden's assets, that will be the ultimate goal of any trial attorney," said Long Island lawyer Robert Sullivan.

Insurance companies, who already are estimating claims of $30 billion or more, could be sued if they turn down claims under an act of war clause.

American and United airlines, whose planes hit the WTC, are the most visible targets. Reportedly, they've approached Congress about limiting their liability.

"We believe that any change in law needs to be steadily measured," said another big plaintiff lawyer from Chicago, Robert Clifford.

He also foresees "creative" lawyers trying to go after the federal government for delegating airport security to the airlines. But those cases are heard by district court judges, not juries who might be more readily swayed.

Original Publication Date: 9/19/01

-- Anonymous, September 19, 2001