4th Circ. Says Navy Families Can Pursue USS Cole Attack Suit

Law360, Chicago (June 21, 2013, 6:00 PM EDT) -- The Fourth Circuit ruled Thursday that family members of victims of the 2000 terrorist attack on the USS Cole Navy destroyer can pursue a wrongful death action against the Republic of Sudan, saying the case was not barred by earlier litigation.

The three-judge panel held in a published opinion that factors including changes in statutory law and policy interests, supported an exception to the doctrine of res judicata, or preemption, in the second lawsuit the family members filed after 17 Navy sailors were killed and 42...
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